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File #: 22-103    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 1/13/2022 Departments: OFFICE OF SUSTAINABILITY
On agenda: 2/8/2022 Final action: 2/8/2022
Title: Adopt an ordinance repealing Chapter 4.107 of the San Mateo County Ordinance Code and adopting a new Chapter 4.107 regulating the use of disposable food service ware by food facilities to align with new state laws, previously introduced on January 25, 2022, and waive the reading of the ordinance in its entirety.
Attachments: 1. 20220208_o_Disposable Food Service Ware Ordinance Amendment.pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Carolyn Bloede, Director, Office of Sustainability
Subject: Adoption of an Ordinance Repealing and Adopting a New Chapter 4.107 Regulating the Use of Disposable Food Service Ware

RECOMMENDATION:
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Adopt an ordinance repealing Chapter 4.107 of the San Mateo County Ordinance Code and adopting a new Chapter 4.107 regulating the use of disposable food service ware by food facilities to align with new state laws, previously introduced on January 25, 2022, and waive the reading of the ordinance in its entirety.

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BACKGROUND:
Many disposable foodware items, such as cups, utensils, straws, and clamshells, are made from polystyrene and plastic and are used for mere minutes before becoming waste that remains in our landfills for hundreds of years. They are also a major contributor to street litter, ocean pollution, marine and other wildlife endangerment, and climate change. In addition, foodware made from natural fiber (e.g., paper, sugarcane, etc.) can contain perfluoroalkyl and polyfluoroalkyl substances, a class of hazardous chemicals known as PFAS, which is used to make fiber-based foodware water and grease resistant. These "forever" chemicals persist in the environment and the human body, leading to continued exposure and health risks.

In March 2011, this Board took early leadership action and adopted Ordinance No. 04542 (2011 Ordinance) prohibiting the use of polystyrene-based disposable foodware by food vendors in the unincorporated areas of the county. Polystyrene is an environmental pollutant that is non-biodegradable, non-recyclable, and nearly non-reusable. On February 25, 2020, this Board repealed and replaced the 2011 Ordinance with Ordinance No. 04823, also known as the "Disposable Food Service Ware Ordinance" (2020 Ordinance). The 2020 Ordinance expands on the 2011 Ordinance to further reduce plastic pollution and litter by ...

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