Ordinance

Single-Use Foodware Ordinance Fact Sheet- English

Single-Use Foodware Ordinance Fact Sheet- Spanish

View the complete ordinance

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What’s the deal with single-use foodware in Truckee? Single-use items like plastic utensils, coffee cups and straws are part of our everyday lives. After intense environmental inputs to produce these items, they are used once and end up in our landfills, environment, streams, lakes, and oceans forever, since plastic does not biodegrade. Single-use foodware packaging makes up 68% of litter found in Truckee. Community members, student groups, and our town council members have asked for policies to reduce these disposable items in Truckee.

Can’t we just recycle or compost foodware items? Recycling and composting are not reliable outlets for single-use items. Due to recent regulations in China, the ability to recycle materials has significantly been reduced. In Truckee, we can only recycle clean #1 and #2 plastics, paper, metal, and glass. Be sure to rinse out recyclable foodware items before tossing in the blue bin to be sure food residue doesn’t prevent it from being recycled.

Compostable products made out of corn, sugarcane or other plant-based materials are not necessarily sustainable alternatives. In reality, these types of “compostable” bio-plastics or fibers, are not accepted at most composting facilities, including our own, and instead go to landfill. Plus, these products still require resources to produce, including land, water, and fossil fuels, and are still only used once before being thrown away. Using compostable foodware that is landfilled yields no greenhouse gas reduction benefits compared to using conventional plastics.

What is the solution to single-use foodware? The most impactful strategy is to reduce the amount of waste generated in the first place. The goals of this ordinance are to:

1. Reduce the use of ALL disposable foodware, regardless if it’s plastic, compostable, or paper. There is no “best” single-use option, and we are focusing on reducing the use of ALL disposables.
2. Create a cultural shift towards reusable foodware. Reusable foodware beats single-use alternatives by every environmental measure. In just 15 washes, reusable containers beat out disposables for environmental impacts.

Remember the waste management hierarchy: REDUCE, REUSE, RECYCLE AS THE LAST RESORT!

Single-Use Reduction Report  Download Report

Summary Fact Sheet  Download Sheet

Restaurant Procurement Guide

As a follow up to feedback received during business outreach, we have compiled a procurement guide to help food-related businesses procure takeout items that have a lower environmental impact. There are many factors that decide if a product is more or less environmentally friendly, including, but not limited to the material, weight, and packaging. There is no “best” disposable product, but this guide will help businesses with considerations to make when purchasing disposable products. When possible, reusables are always the better option.

Restaurant Procurement GuideDownload Guide

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Ordinance Background

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Additional Information

Working Group Meeting Details

4th Meeting – April 4th, 2022- Meeting Agenda and Documents

Town Council Meeting Details

August 9, 2022 Town Council Staff Report- Working Group Recommendations

October 25, 2022 Town Council Staff Report- Single-Use Foodware Reduction Ordinance First Reading

November 9, 2022 Town Council Staff Report- Single-Use Foodware Reduction Ordinance Second Reading

Foam Ban

A ban on the sale and distribution of polystyrene foam (e.g. Styrofoam)

EFFECTIVE: April 1, 2023

WHO IT APPLIES TO: all businesses or people, including restaurants, retail stores, and food vendors

DOES NOT APPLY TO: (1) food packaged outside of Truckee, except for egg cartons, and trays for meat, fish, fruit, or vegetables; (2) polystyrene foam products encased in a more durable material (e.g. polystyrene foam ice chests encased in a rigid plastic)

• Grant funding is available for businesses to transition to non-polystyrene foam alternatives. Up to $300 is available per business. Applications are due June 1, 2023. View grant documents below.
• Exemption Request Form available HERE: Businesses can apply for a one-year hardship exemption if a non-polystyrene foam alternative is not available or is cost prohibitive.

See a business out of compliance? Send a photo to recycle@townoftruckee.com.
Note: some businesses have been approved for a 1-year extension to finish using their existing stock of polystyrene foam products.

GRANT DOCUMENTS:

Update 3/29/23: Grant application deadline has been extended to June 1, 2023

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FAQs

Vista preguntas frecuentes en español

1. Why is polystyrene foam banned?
   Polystyrene foam products (e.g. Styrofoam) are of distinctive concern because they are extremely difficult to recover as litter. Polystyrene foam products are lightweight and can easily break into smaller pieces and be picked up by the wind and carried into the natural environment to create litter, polluting the environment and waterways.
   
   
2. Is there grant funding to support businesses to purchase alternative foodware?
   Yes, food service establishments (limited service, full-service, takeout) can apply for us to $300 to assist in purchasing non-polystyrene foam foodware alternatives, including takeout containers, cups, bowls, etc. Grant information will be available in January 2023.
   
   
3. Are there exemptions?
   Yes, businesses can apply for a one-year waiver from these restrictions if there are not any non-polystyrene foam alternatives available, or those alternatives are not affordable to the business. Exemption applications will be available in January 2023.
   
   
4. Why aren’t businesses required to switch to compostable foodware?
   Compostable packaging is marketed as “green” but in practice little is composted, and almost all is landfilled. Most composters do not accept compostable packaging, including bioplastics or fiber-based products, because they do not add any nutritional value to the compost and may contain harmful chemicals that can transfer into the finished compost. Using compostable foodware that is landfilled yields no greenhouse gas reduction benefits compared to using conventional plastics. All disposable products require intensive environmental inputs to produce, such as extracting raw materials, manufacturing, and transportation, only to be used once. When considering a life-cycle analysis of all those impacts, there is no “best” disposable option. Reusables are the only option with reduced environmental impacts. Therefore, the policies in the ordinance aim to reduce the use of ALL disposable foodware products, regardless of what they’re made of, and instead create a cultural shift towards reusable foodware.
   
   
5. What should businesses use instead of polystyrene foam?
   Reusable foodware beats single-use alternatives by every environmental measure. Over their lifecycle, reusable foodware has lower greenhouse gas emissions compared to disposable alternatives. In just 15 washes, reusable containers beat out disposables for environmental impacts. It is best practice for businesses to switch to reusable foodware whenever possible. Grant funding is available for businesses to purchase reusable foodware for in-house dining. For takeout containers, Keep Truckee Green operates a reusable takeout container program where reusable boxes can be provided and exchanged at any participating restaurant. Customers can request their takeout meal to be provided in a reusable green box. Learn more about the reusable green box program here.
   
   
6. What type of disposable foodware should businesses use?
   While reusables are best, we understand disposable foodware is still sometimes necessary. There is no “best” disposable product, but here are some things to consider when looking for the most sustainable option:
   
   
   • Disposable packaging made from recycled materials is better than those made from virgin content. (i.e. paper cups made from recycled content paper are better than paper cups made from virgin paper. The same applies to recycled plastic and virgin plastic.) Look for “made from recycled content” when shopping for products.
     
     
   • The only plastics that are recyclable in Truckee are plastic #1 & #2 (PETE & HDPE). Recyclable plastic foodware must also be clean and non-food soiled to be recycled. Paper products are not recyclable if they are food soiled and they often contain a plastic liner, making them unable to be recycled. Look for products made from plastic #1 (PETE) & #2 (HDPE) when shopping for products.
     
     
   • Compostable products are not necessarily better. Products labeled “compostable,” “biodegradable,” or “bioplastic” aren’t allowed in the compost program in Truckee and must go in the trash.

Cup & Container Fee

Businesses must charge a $0.25 customer fee on disposable cups and takeout food containers

AVOID FEES AND PREVENT WASTE: bring your own reusable cup or container, OR choose to dine in!

EFFECTIVE: January 1, 2024
WHO IT APPLIES TO: restaurants, food service establishments, coffee shops, bakeries, bars, drugstores, grocery stores

DOES NOT APPLY TO: food trucks or special events

• Businesses keep the fee revenue
• Customers on WIC, EBT, or Medi-Cal are exempt from the fee
• Fee does not apply to pizza boxes or containers provided for leftovers when dining-in
• Customers can provide their own reusable cup or takeout container to avoid the fee.
  Food vendors must follow Health and Safety Code requirements to prevent cross-contamination.

FAQs

Vista preguntas frecuentes en español

1. What is the purpose of the $0.25 fee?
   Like the disposable bag fee at grocery stores, the $0.25 disposable cup and takeout container fee is intended to incentivize customers to bring their own reusable cup or container to avoid the $0.25 charge. Research shows that customers are more likely to bring their own reusable to avoid a fee rather than receiving a discount for bringing a reusable. The goal is to create a cultural shift to switch towards reusables to reduce the burden disposable foodware products have on our community, from impacts from litter to production and manufacturing, to waste processing.
   
   
2. Is the fee per order or per container?
   The $0.25 charge is per cup or container provided. If an order includes three disposable cups, the total disposable container charge will be $0.75. The goal is to reduce the use of disposable foodware, and the working group that developed the policies recommended for the fee to be associated with each item so that the customer is incentivized to bring a reusable container for each.
   
   
3. Why is the disposable container fee amount $0.25?
   The fee amount was decided at $0.25 to reflect the cost of the disposable cup and takeout container provided and to incentivize customers to bring their own reusable. The $0.25 amount is based off customer research that $0.25 is impactful enough to get the attention of customers to incentivize them to bring their own reusable to avoid the fee. There are also 8 other cities that require a $0.25 fee for disposable cups, so this amount is consistent with the standard amount these other cities require.
   
   
4. Where does the $0.25 fee go?
   Businesses collecting the $0.25 retain the fee revenue to offset the cost of the disposable container provided. Businesses have the option to adjust their prices if the cost of the item already includes the cost of the disposable cup or takeout container.
   
   
5. What items does the $0.25 fee apply to?
   The $0.25 charge applies to disposable cups and takeout containers provided with any prepared food or drink. Prepared food and drinks include any item prepared and packaged at the site of a food establishment, including takeout food and drinks such as a burger or coffee. The fee does not apply to items pre-packed outside the food establishment, such as a bottle of soda, or a pre-packaged sandwich. The fee does not apply to pizza boxes (since there is not a great reusable alternative available) or boxes provided for leftovers to customers dining-in. The fee also does not apply to lightweight food packaging used for takeout orders such as aluminum foil wrappers or paper food wrappers. View the business guide: How to Implement the $0.25 Disposable Cup and Container Fee
   
   
6. How do customers on WIC, EBT, and Medi-Cal waive the fee?
   Customers on WIC, EBT, or Medi-Cal are exempt from the $0.25 fee and must simply request the charge to be waived at the point of sale. Customers participating in these programs can ask their cashier for the “Community Support Exemption.”
   
   
7. How will I know if there is a $0.25 fee?
   Food establishments are required to identify the disposable takeout container and cup charge on menus, ordering platforms, and verbally disclosed to customers ordering by phone. The charge must also be identified separately and clearly on receipts provided to the customer.
   
   
8. Can I bring my own container?
   Yes, customers are encouraged to bring their own reusable cup and food container for takeout orders. Customers can request to utilize a reusable green box, their own takeout container, or reusable cup or mug for to-go orders. Tip: keep a couple reusable green boxes or Tupperware and reusable cups in your car to be prepared for any situation!
   
   Businesses are required to follow California Health and Safety Codes to prevent contamination from customer-provided containers, including keeping customer-provided containers separate from the food facility’s foodware and avoiding contact between customer-provided foodware and surfaces or utensils used for food dispensing. Food establishments have the authority to not accept customer-provided foodware that appears cracked, chipped, is the wrong size, or is unsanitary. In that situation, the customer can take a disposable container and pay the $0.25 fee or choose to dine-in using reusable foodware provided by the restaurant.
   
   

9. What assistance is available?
   Keep Truckee Green is conducting an outreach campaign to educate customers about new fee requirements. Signage and outreach materials will also be provided to businesses to post to notify customers of required charges.

In-House Reusable Foodware

Food vendors must provide reusable foodware for customers dining in

EFFECTIVE: January 1, 2024

WHO IT APPLIES TO: restaurants, food service establishments, coffee shops, bakeries, bars

DOES NOT APPLY TO: (1) food trucks or special events; (2) disposable paper food wrappers, aluminum foil food wrappers, paper napkins, straws, paper tray or plate liners, non-plastic stirrers, cocktail sticks, and toothpicks, or pre-packaged food packaged outside the food facility

• New restaurants or other food service establishments seeking a permit from the Town must demonstrate ability to comply with adequate dishwashing capacity
• Grant funding is available to purchase reusable foodware and dishwashing equipment. Applications are due March 1, 2024. View grant documents below.
• Exemption Request Form is available HERE: Businesses can apply for a one-year hardship exemption due to hardships reaching compliance

GRANT DOCUMENTS:

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FAQs

Vista preguntas frecuentes en español

1. What products must be reusable?
   All foodware provided for in-house dining must be reusable, including plates, cups, bowls, and utensils. The products that are not required to be reusable include disposable paper food wrappers, aluminum foil food wrappers, paper napkins, straws, paper tray or plate liners, non-plastic stirrers, cocktail sticks, and toothpicks, or pre-packaged food packaged outside the food facility.
   
   
2. What if my business does not have a dishwasher?
   Businesses can receive up to $1,000 in grant funding to cover purchasing, installing, or permitting a new or upgraded dishwasher or dishwashing equipment. Businesses may also use a three-compartment sink to clean dishware. All dishwashing must meet Nevada County and State Environmental Health Code. If a business is having a hardship with complying, they can apply for a one-year hardship exemption. Waiver applications will be available in January 2023.
   
   
3. How will my business afford to purchase reusable dishes?
   Businesses can receive up to $500 in grant funding for procuring reusable foodware, including plates, cups, utensils, bowls, etc. Limited-service restaurants who provide reusable foodware are estimated to save $4,000 per year from eliminating the need to purchase disposable foodware. Grant information will be available in January 2023.
   
   
4. Does this requirement apply to food trucks and special events in Truckee?
   Temporary food facilities (food trucks) and special events are not required to use reusable foodware. Keep Truckee Green is exploring logistics to allow for these types of vendors to have dishwashing capacity and provide reusable dishes.
   
   
5. How is reusable foodware more environmentally friendly when you consider water usage for dishwashing?
   Reusable foodware uses less water than using disposable alternatives. The largest water use actually occurs when extracting resources and manufacturing of disposable products. Generally, disposable foodware requires more water to produce than reusables, especially when comparing the large volumes of water required for growing bio-based plastics (e.g., corn). The main water use for reusables occurs in the dishwashing phase, which are greatly reduced with the use of high-efficient commercial dishwashers. In a study for Starbucks, ceramic reusables reduced water consumption by 64% over the entire lifecycle compared to the disposable paper cup. Using 500 paper cups consumes nearly 370 gallons of water, while using and washing one ceramic cup 500 times consumes only 53 gallons of water.

Accessories Upon Request

Single-use accessory foodware items should only be provided upon a customer’s request

EFFECTIVE: January 1, 2024

WHO IT APPLIES TO: restaurants, food service establishments, coffee shops, bakeries, bars, including third-party delivery platforms and drive-thrus

• Accessory foodware items include disposable utensils, chopsticks, condiment cups and packets, straws, stirrers, napkins, splash sticks, cup lids, and cup sleeves
• Self-service stations for accessory foodware is allowed

FAQs

Vista preguntas frecuentes en español

1. What foodware items can only be provide upon request?
   State law AB 1276 (effective January 1, 2022) requires utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks to only be provided upon request. Town of Truckee’s Single-Use Foodware Reduction Ordinance further requires that napkins, cup lids, and cup sleeves also only be provided upon request, effective January 1, 2024.
   
   
2. How must a customer request an accessory foodware item?
   Businesses cannot simply provide accessory foodware items to a customer unless a staff person asks and receives a confirmation, if a customer requests an item, or if a customer grabs the items themselves from a bulk dispenser of self-serve station.
   
   
3. What assistance is available?
   Businesses can apply for up to $500 in funding to reimburse purchases of accessory foodware bulk dispensers, including for condiments, napkins, or utensils. Signage will also be available for businesses to post to remind customers that they must request accessory foodware items and that will no longer be provided. Grant programs and signage will be available in 2023.

Food Vendor Resources

Truckee food facilities serving prepared food must meet the following requirements beginning January 1, 2024:

• Foodware used for in-house dining must be reusable (plates, bowls, cups, utensils, trays, condiment cups, etc.)
• Food vendors must charge a $0.25 customer fee for each disposable cup and takeout container provided
• Disposable accessory foodware items can only be provided upon a customer’s request

Single-Use Foodware Ordinance Fact Sheet

View the complete ordinance

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Business Grants

Food vendors switching from disposable foodware to reusables for in-house dining are eligible for up to $1,500 in funding for:

• Up to $1,000 reimbursement for procurement or installation of new or upgraded equipment to wash and sanitize reusable foodware
• Up to $500 reimbursement for:
  • Procurement of reusable foodware to replace disposable foodware used for in-house dining (e.g. plates, glassware, cups, trays, baskets, cutlery)
  • Procurement of bulk dispensers for condiments, utensils, napkins, or other products to assist with self-serve stations for accessory foodware items
  • Dishwashing chemicals

The grant application deadline has been extended to March 1, 2024

GRANT DOCUMENTS:

Grant Guidelines- Single-use Foodware Reduction
Grant Application- Single-use Foodware Reduction — applications due March 1, 2024
Reimbursement Request Form
Single-use Foodware Data Collection Worksheet
Checklist- Grant Documents

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Hardship Waivers

A food vendor may apply to the Town of Truckee for a one-year hardship exemption to be permitted to continue using disposable foodware for in-house dining, or expanded polystyrene foam items if there is an undue hardship or practical difficulty to comply with the foodware restrictions. Each application for a hardship exemption shall provide evidence of the conditions which make it impossible for the food vendor to comply with the requirement, such as insurmountable space constraints, undue financial hardship and/or other extraordinary, insurmountable circumstances.

Waivers are valid for no more than one year from date of issue. Food facilities must reapply to extend the waiver an additional year.

Exemption Request

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Business Resources

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Contact

For questions, technical assistance, or more information, please contact Town staff at: recycle@townoftruckee.com