Description:
Legislation to prohibit the use of polystyrene foam disposable
food service ware and require the use of biodegradable or
compostable disposable food serviceware by restaurants, retail
food vendors, government departments and contractors and lessees
unless there is no affordable alternative.
A BILL FOR AN ACT
RELATING TO SOLID WASTE DISPOSAL
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The Legislature finds that the State of Hawaii has
taken significant strides over the past several years towards a
more aggressive and conscious stance in protecting and
preserving Hawaii’s precious resources and its environment.
Recent examples such as the Hi-5 Container Recycling Program and
the work of the 2050 Sustainability Task Force have furthered
efforts towards Hawaii becoming the premier renewable and
environmentally conscious State in the United States.
The Legislature finds that use and disposal of polystyrene foam
foodservice containers poses a significant threat not only to
Hawaii’s ecosystems and environment but also to the general
health and welfare of the citizens of this State.
While the Legislature recognizes the use of polystyrene foam
containers as a sturdy, sanitary, economical and convenient
product for Hawaii’s foodservice industries, the inherent
unbiodegradable nature and chemical composition of this product
raises serious concerns.
Polystyrene is a petroleum by-product, a non-renewable resource,
composed of the chemicals styrene and benzene. Benzene is
classified as a human carcinogen. Styrene is a neurotoxin and
is also suspected to cause cancer. The EPA is currently
conducting an Integrated Risk Information System review to
establish whether to formally classify styrene as a carcinogen
Furthermore, the Legislature has concerns regarding the possible
leeching of styrene into food and liquids consumed when heated
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in polystyrene foam foodservice ware products, posing a
potential threat to human health.
Disposal of used polystyrene foam foodservice containers are
either buried in landfills across the State or are disposed of
through the Honolulu Program of Waste Energy Recovery, (“HPOWER”) the ash from which is then buried at the landfills.
The Legislature concludes that these disposal options are
unacceptable given the present lack of landfill space available
in the State, along with the detrimental and long-term impacts
of polystyrene foam upon Hawaii’s environment and ecosystems.
The Legislature believes that disposed polystyrene foam takes up
a substantial percentage of available landfill space in the
State of Hawaii. Additionally, polystyrene foam is nonbiodegradable, not easily recyclable, cannot be reused, and
takes hundreds of years to decompose.
Similarly, there is concern that as polystyrene foam breaks down
over time in the State’s landfills, dangerous chemicals are
leaching into the seepage of the landfills. This seepage is
pumped out of the landfill and inadequately processed and
treated before being discharged into the ocean, threatening
marine ecosystems around the island.
The Legislature finds that harmful chemicals are produced when
burning polystyrene foam. Burning of polystyrene foam emits a
dense, black, irritating smoke with acid gases, producing carbon
monoxide, carbon dioxide, and styrene (a known neurotoxin and
possible carcinogen). The National Bureau of Standards Center
for Fire Research identified 57 chemical byproducts released
during the combustion of polystyrene foam.
The Legislature further finds that failure to properly dispose
of polystyrene foam foodservice ware products (“littering”), is
not only an aesthetic concern but also raises significant health
and welfare concerns.
Additionally, the breakdown and decomposition of polystyrene
foam products poses a significant threat to Hawaii’s fragile
ecosystems. When polystyrene foam is not properly disposed of,
it repeatedly breaks down over time into smaller pieces.
Various creatures including birds, marine mammals and fish
mistake these smaller, broken down pieces of foam for food,
causing them to either choke or have their digestive systems
clogged.
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Given the foregoing, the Legislature concludes that threats
posed by polystyrene foam are significant, substantial and
cannot be ignored. A more environmentally friendly alternative
to polystyrene foam must be mandated.
Section 2. The Hawaii Revised Statutes is amended by adding a
new chapter to be appropriately designated and to read as
follows:
§
-1 Definitions. As used in this chapter, unless the context
otherwise requires:
“Affordable” means purchasable by the Vendor/Provider at a
maximum cost of fifteen (15) percent more than the purchase cost
of the non-biodegradable, non-recyclable, non-PSF alternative
(excluding import fees).
“Biodegradable” means the entire product or package will
completely break down and return to nature, i.e., decompose into
elements found in nature within a reasonably short period of
time after customary disposal.
“Compostable” means all materials in the product or package will
break down into, or otherwise become part of, usable compost
(e.g., soil-conditioning material, mulch) in a safe and timely
manner in an appropriate composting program or facility, or in a
home compost pile or device.
“Disposable food service ware” means all containers, bowls,
plates, trays, carton, cups, lids, straws, forks, spoons,
knives, napkins and other items that are designed for one-time
use for Prepared Foods, including without limitation,
serviceware for takeout foods and/or leftovers from partially
consumed meals prepared.
“Polystyrene foam” means blown polystyrene and expanded and
extruded foams (sometimes called Styrofoam) which are
thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques including, but
not limited to, fusion of polymer spheres (expandable bead
polystyrene), injection molding, foam molding, and extrusionblown molding (extruded foam polystyrene). Polystyrene foam is
generally used to make cups, bowls, plates, trays, clamshell
containers, meat trays, and egg cartons.
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“Prepared Food” means food or beverages, which are served,
packaged, cooked, chopped, sliced, mixed, brewed, frozen,
squeezed or otherwise prepared on the food vendor’s premises or
within the State of Hawaii. Prepared food may be eaten either
on or off the premises, also known as “takeout food”.
§
-2 Prohibited. Polystyrene foam food service ware is
prohibited to be used by the following:
(1)
Restaurants, retail food vendors, non-profit and
Government food providers, and packagers are
prohibited from providing or selling prepared
food in disposable food service ware that
contains polystyrene foam.
(2)
Government departments are prohibited from
purchasing, acquiring or using disposable food
service ware that contains polystyrene foam.
(3)
Government contractors and lessees shall be
prohibited from using disposable food service
ware that contains polystyrene foam in state
facilities while performing under a government
contract or lease.
§
-3 Exemptions. Compliance with this regulation requires a
biodegradable or compostable product is available for a specific
application. Entities are exempt should no affordable
alternative be available for a specific application.
§
-4 Enforcement, Powers of Municipalities. (a) All
municipalities in the State of Hawaii shall promulgate and
produce regulations, ordinance, guidelines, or laws to take any
and all other reasonable actions necessary to implement and
enforce this measure.
(b)The State Department of Health (“DOH”), prior to this
measure’s enactment, will compile and make available a list of
affordable alternative forms of biodegradable or compostable
food service ware that does not contain polystyrene foam. The
Department shall regularly update this list.
§
fine
year
each
-5 Penalties. Violations of this statute will incur a
not exceeding $250 for the first violation in a one (1)
period, and a fine not exceeding $500 for the second and
subsequent violation in a one (1) year period.
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§
-6 Funding. An appropriation of XXX million dollars will
be made available to assist in defraying any potential fiscal
impacts this regulation may have upon small business and
entities within the state affected by this measure.
Section 3. The State Department of Agriculture (“DOA”) in
coordination with the State Department of Business, Economic
Development & Taxation (“DBEDT”) will evaluate the feasibility
and potential for production of biodegradable polystyrene
products within the State and report back to the Legislature in
January, 2009.
Section 4. No later than January 1, 2010, DOH, in consultation
with the municipalities and with input from members of the
public, shall submit a report to the Legislature recommending
changes, if any, to this Chapter, including whether the ban
imposed by this Chapter should be extended to other products, as
supported by the report.
Section 5.
This Act shall take effect on January 1, 2009
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