Culver City Polystyrene Foodware Ban

On May 8th 2017, Culver City Council adopted a strong ordinance banning the use and/or sale of certain food service ware products containing polystyrene by food providers.  Under the regulations, “food service ware” broadly includes items such as cups, straws, lids, utensils, bowls, plates, wrappers, and to-go containers consisting of polystyrene foam (styrofoam) or rigid plastics made of polystyrene (marked with a “6” or “PS”), or any combination of the two.  Effective November 8, 2017, food providers (including all restaurants, cafes, coffee shops, markets, convenience stores, and similar vendors selling prepared food) will be prohibited from using, distributing or selling any such food service ware in Culver City.  This is a major step, as polystyrene has become a serious pollutant in the Santa Monica Bay, often breaking into small, non-biodegradable pieces and consumed by wildlife. 

In some cases, exemptions may be granted to applicants showing “undue hardship” where compliance would cause significant economic hardship or where no reasonably feasible alternative exists.  Further, the City is authorized to prepare an annual list of exempt food service ware determined not to have a “reasonably feasible alternative, due to cost, availability, or other factors” (not including items containing foam polystyrene).  During the drafting and public comment phase, we encouraged the City to remove this exemption, as it creates uncertainty and could weaken the ordinance.  The City ultimately voted to include the provision, although it remains to be seen whether it will be used.  Council members indicated in deliberations that there may be no items on the list, as a staff report confirms the availability of reasonably feasible alternatives to products containing rigid (or solid) polystyrene. 

In addition to restricting the use of both foam and solid polystyrene by food providers, the ordinance takes a significant step toward eliminating all single-use foam polystyrene food service ware in Culver City by banning the retail sale of such items, including polystyrene coolers and ice chests.  It also encourages environmentally-friendly practices by prohibiting restaurants from providing cutlery to any person taking food to-go, unless the vendor first asks the customer whether they want the cutlery and the customer responds that they do.  Overall, this ordinance places strong restrictions on all forms of polystyrene and sets a positive example for future regulation of this harmful product.  We will continue to follow any actions the City takes and encourage a complete ban on such products.

Thanks to Ballona Creek Renaissance for their support and tireless efforts in this multi-year campaign!