Statewide food packaging ban up for vote

Legislation that would require restaurants and other food establishments to provide only “recyclable” or “compostable” takeout food packaging and single-use plastic bags will be considered by the Assembly Natural Resources Committee April 12. 

While the CRA shares in the objective of reducing takeout food packaging litter and disposal, the legislation, AB 2138 (Chesbro), also contains the onerous requirement for restaurants to provide an on-site “take back” program for such materials. The goal of increasing recycling and waste diversion is laudable, but the actual implementation of these programs, especially food service packaging, is quite complex.

Requiring food establishments to take back used food packaging is not only unrealistic, it also raises significant challenges. First, it is unrealistic to think consumers who purchase food to go will return to the place of purchase to recycle or compost their containers, bowls or plates. As the phrase implies, “to go” items are consumed away from the establishment. Other challenges associated with the requirement concern a restaurant’s already very limited floor space. Such a collection of used food packaging provides a ripe environment for many undesirable elements, which pose a real threat to the excellent sanitary conditions we, as an industry, strive to provide.

AB 2138 defines recyclable packaging as a material that meets the following criteria:  1) the packaging is accepted back for recycling by the food provider; 2) the packaging is accepted for recycling in a residential collection program available to at least 75 percent of the households in the jurisdiction in which it is distributed; and 3) the packaging is recovered for recycling at a rate of 25 percent or more.  This requirement would go into effect on July 1, 2013.

For these and other reasons the CRA is opposing this legislation as, among other concerns mentioned,  it imposes new packaging restrictions on food providers with absolutely no consideration of functionality or cost of the packaging.

Please contact members of the Assembly Natural Resources committee immediately to express your concerns.