San Rafael set to adopt reusable foodware ordinance

San Rafael is the latest Marin municipality to advance an ordinance that would ban food providers from offering plastic single-use foodware.

The City Council voted 4-0 to introduce and waive further reading of the ordinance at its meeting Monday. Councilmember Rachel Kertz was absent. The ordinance is set for adoption at the council’s May 15 meeting.

Tiburon, San Anselmo, Mill Valley, Larkspur and Fairfax have already adopted or are poised to adopt the county’s rules, while Corte Madera is still exploring the idea.

“This will be an exciting opportunity — with, through education and outreach — to remind us all of the permanent nature of plastic and the choices that we can make to have less plastic,” Councilmember Maribeth Bushey said.

The ordinance will replace an existing city ordinance that banned polystyrene foam food packaging and plastic bags.

The ordinance requires businesses to use natural-fiber compostable foodware that has been certified by the Biodegradable Products Institute.

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

The new law, which takes effect on Nov. 10, would apply to grocery store food counters, restaurants, delis, bakeries, farmers markets, food trucks, carry-out vendors and other food service providers in the city.

Among the items targeted in the ordinance are forks, spoons, knives, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, toothpicks and straws. Exempted products include aluminum and items where a compostable alternative is not available, such as plastic-lined soup bowls or coffee cups.

Restaurants would also be required to provide reusable foodware for customers who dine in and provide fiber-based foodware only upon request. Takeout cups would also come with a new 25-cent fee — similar to California’s fee for single-use grocery bags — which the business would keep.

Marin cities and towns are being asked to align with the county regulations so there is uniformity throughout the area.

“I think it’s really important that we look at trash as a global issue,” said Rhonda Kutter, an aide to Supervisor Dennis Rodoni, who sponsored the original county ban last year. “And starting here at the local level, if we can all work together we will have more success.”

Joanne Webster, chief executive officer and president of the San Rafael Chamber of Commerce, thanked the City Council for pausing on the ordinance when it was first proposed in 2021. After business outreach, she found that there were several obstacles for local food purveyors.

“There was a real lack of understanding, there was a fear that it was going to cost a lot of money, there was a fear that it was going to be really hard to comply and on top of that they were still digging out of the pandemic,” Webster said. She added that the chamber supports the ordinance.

“This is a significant step in keeping unnecessary plastic and paper foodware out of our landfills and ensuring that takeout containers and accessories are fully compostable,” said Annika Osborn, member of Sustainable San Rafael.

Cities and towns that adopt the rules before May 10 — the one-year anniversary of the county adopting its ordinance — also avoid having to pay an on-boarding fee to the county for its enforcement. The fee, which is based on the number of businesses affected by the ordinance, would have been $33,327 for San Rafael.

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