Fairfax joins Marin’s single-use foodware ban

Fairfax has become the latest Marin jurisdiction to opt into the county’s single-use plastic foodware ban.

The new town rule replaces an ordinance adopted in 2019 requiring food vendors to provide compostable or reusable foodware.

The update, approved March 1, will align the town’s rules and enforcement with an ordinance adopted by the Marin County Board of Supervisors last year.

“COVID disrupted the momentum we had around reducing single-use plastics that pollute the watersheds, oceans and landfills,” Mayor Chance Cutrano said. “This is really a testament that coming out of the pandemic we were able to get right back into that flow and figure out a way to make some progress on reducing our reliance on plastic, and reducing waste.”

The county’s ordinance was actually modeled after rules that had already been approved in Fairfax and San Anselmo, with a few changes.

In the new ordinance, businesses are required to use specific types of compostable foodware for takeout services and reusable items for dine-in customers.

The only acceptable takeout items are natural-fiber compostable foodware that has been certified by the Biodegradable Products Institute. The only alternative would be aluminum.

WM EarthCare, which processes Marin’s compost, only accepts organic compost. Any other compost ends up in a landfill.

The 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 ban 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.

The ordinance 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.”

Marin cities and towns are being asked to align with the county regulations so there is uniformity throughout the area. The county’s ordinance, which applies to unincorporated areas, takes effect Nov. 10.

With Fairfax opting in, enforcement will be conducted by Marin County Environmental Health Services. Delegating enforcement to the county comes at a cost of $3,209. However, that fee is waived for communities that adopt ordinances by May 10, which marks one year after the county’s approval.

The update in Fairfax takes it a step further by including polystyrene foam coolers and ice chests in its prohibition.

“I’m really proud of Fairfax and proud of the county for doing this,” Councilmember Bruce Ackerman said.

Tiburon has also opted in. Other Marin communities are considering the update, with some aiming to meet the May 10 deadline.

Larkspur is planning a public hearing on Wednesday. Corte Madera decided last month to continue studying options.

Dana Armanino, a county sustainability planner, said Novato has scheduled a discussion on the ordinance for its March 28 meeting, and San Anselmo is also shooting for a March discussion.

The Ross Town Council directed its staff Thursday to draft an ordinance for consideration.

“I think it’s a good thing,” Ross Mayor Beach Kuhl said. “It may increase the costs to consumers and sellers, but what we get, I think, is worth it.”

More information on the county’s ordinance and enforcement is at marincounty.org/foodware.