Corte Madera takes closer look at single-use foodware ban

Corte Madera officials agreed this week to study — with a cautious eye — a ban on single-use plastic foodware.

Marin cities and towns have been asked to approve ordinances modeled after county regulations adopted last year so there is uniformity throughout the area. The county’s ordinance, which applies to unincorporated areas, takes effect Nov. 10.

After a presentation from county officials Tuesday, the Town Council said it supports the idea of environmentally-friendly food containers and utensils. However, council members want to ensure that any potential regulations would not overburden businesses still recovering from the COVID-19 pandemic.

“I don’t hear my town businesses feeling involved in the discussion,” Corte Madera Mayor Charles Lee said. “They’re bringing up issues quite easily about conflicts with their business models.”

For example, the ordinance would require reusable foodware — such as plates, bowls and utensils — for dine-in food service. Some businesses, such as Amy’s Kitchen, do not have a dishwasher. The company’s representatives have argued that the rule would require them to add a dishwasher and hire and train extra staff to bus and wash dishes, when it wasn’t part of its business model before.

Renaud des Rosiers, sustainability manager for Amy’s, said “the staffing implications are significant,” and that it would be a “huge burden” for the company.

Dana Armanino, a county sustainability official, said municipalities can amend the ordinance, but the reusable foodware requirement for dine-in customers is something county officials are hesitant to budge on.

Under the ordinance, businesses would be required to use natural-fiber compostable foodware that has been certified by the Biodegradable Products Institute. The only alternative would be aluminum.

WM Earthcare, which process Marin’s compost, only accepts organic compost. Any other compost ends up in the landfill.

Rosiers said bioplastics that have been approved by both the American Society for Testing and Materials and the Biodegradable Products Institute are fully compostable in a compost center.

“The challenge here is that we are missing the key question,” Rosiers said. “We need to be asking the facility that accepts these materials to broaden the list of materials they accept rather than putting the burden on all the businesses and all the consumers in Marin County.”

Chris Davis, owner of Teaspoon, a boba tea cafe at Corte Madera Town Center, said there is no alternative that meets the county’s ordinance list of acceptable products for the see-through, sealable plastic cups he uses to serve drinks.

He said part of the boba experience for the customer is seeing the layers of the drink. The sealable lid allows customers to shake the contents. He said he uses bamboo straws and is open to incorporating other environmentally-friendly options.

“I can’t do that with snap lids and I can’t convey the customer experience unless they can see into the contents of the cup,” Davis said. “I think it would be a gross overreach to mandate that my little shop reduce the experience and purvey these drinks in a cup you cannot see through or seal.”

The county ordinance applies to grocery store food counters, restaurants, delis, bakeries, farmers markets, food trucks, carry-out vendors and other food service providers in unincorporated Marin.

The ordinance includes what is defined in the ordinance as “foodware accessories,” such as forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, toothpicks and straws. It mandates that these accessories be made available only “upon request” or at a self-serve takeout station. Plastic straws could be made available on request, but only to accommodate people with “access needs.”

The county has approved a list of temporary exempt products, for certain hot and cold cup, lids and food container lids and others, because there are no natural fiber compostable alternative on the market.

If Corte Madera approves an ordinance, enforcement is expected to be phased in over time and would be conducted by Marin County Environmental Health Services, unless the town opts out. Towns have the option of delegating enforcement to the county at a cost of $3,209. The fee will be waived if the council adopts the ordinance by May 10, which is a year from the Board of Supervisors’ approval.

The council had questions about enforcement, what are acceptable exemptions, and how the ordinance will affect businesses. Council members agreed that they do not need to rush to meet the May 10 deadline that would waive fees.

“I do hope that we can get some clarity and that we can get to something that is agreeable and helpful and a positive step,” Councilmember Rosa Thomas said.

Councilmember Fred Casissa said the town should take a prudent approach to the issue. He suggested that the town hold a workshop for business owners to learn about what is being proposed, and he wants to see whether the town could offer a grant program to help with the transition.

Councilmembers Pat Ravasio and Eli Beckman back the ordinance, but also said they want to be mindful of the impact on the town’s food and drink providers.

“I really at heart support this,” Ravasio said. “I want to see it happen. I think it’s going to happen.”

San Anselmo, Fairfax and Sausalito have adopted their own versions of the ordinance, while officials in Novato and Larkspur are considering action. More information on the county’s ordinance and enforcement is at marincounty.org/foodware.