Councilmembers Propose Eliminating Foam Food Containers in County

Legislation could spell the end of foam coffee cups and takeout food containers locally

September 8, 2014 5:04 p.m.

Councilmembers Hans Riemer and George Leventhal are scheduled to introduce a bill Tuesday that would ban the use of polystyrene food service products at local businesses.

The bill would affect cups, plates and other food service items made of expanded polystyrene, which is commonly known as Styrofoam. The material is often used for coffee cups and school lunch trays, although Montgomery County Public Schools eliminated the latter from its schools this year.

The proposal follows other jurisdictions that have already banned the compound such as San Jose, Ca., which did so in 2013, and Washington, D.C., which enacted a ban in June.

Another provision of the bill would require the county and its vendors to use compostable or recyclable food service products. The bill would also ban packing peanuts. However it doesn’t apply to Styrofoam containers or packages packaged outside the county that are then brought or shipped into Montgomery.

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The foam packaging is a petroleum-based plastic-like material that’s not recycled in the county, according to background on the issue provided by Leventhal, and more environmentally-friendly alternatives are available, such as paper trays and cups or other biodegradable products.

Riemer wrote in a letter to fellow councilmembers that the bill is similar to the District’s legislation. The Montgomery bill would phase in the requirements over three years, requiring all the mandates to be met by Jan. 1, 2017.

Riemer wrote the legislation is important because foam makes up a meaningful share of the litter found in local waterways.

“Over time, discarded foam breaks down into small pieces, but it does not completely dissolve and it is very hard to clean up,” Riemer wrote. “When it is ingested by marine life it causes harm.”

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Riemer also pointed to a report by the National Research Council, which listed styrene as “reasonably anticipated to be a human carcinogen.”

To help local businesses institute the change, the bill would require the county executive’s office to publish and update a list of vendors offering compostable or recyclable food service products. The executive’s office would also maintain a list of products exempted from the ban if no affordable alternatives can be found, according to the bill.

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