Napa County Seeks Input On Possible Ban On Single-Use Food Containers

NAPA COUNTY, CA — Styrofoam and plastic food containers could become a thing of the past in Napa County.

The Napa County Climate Action Committee, which was established in 2021 by the county, Town of Yountville and the cities of American Canyon, Calistoga, Napa and St. Helena, to coordinate actions taken toward reducing greenhouse gas emissions and alleviating the impacts of climate change, is seeking public feedback on the matter as it prepares an ordinance.

As part of its ongoing efforts, the committee aims to phase out the use of polystyrene — aka Styrofoam — food ware as well as single-use plastic food ware used by restaurants and other food providers and vendors in the unincorporated areas of Napa County, and instead mandate the use of reusable food containers or compostable alternatives.

The proposed ordinance would also require that single-use utensils, plates and condiments be provided only when requested by a customer.

The committee directed county staff to prepare a draft ordinance that would apply to food sellers, including restaurants, businesses, nonprofits, organizations, entities, and groups or people offering prepared food for retail consumption. These sellers would be required to utilize reusable or compostable items, such as containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, utensils, napkins, condiment cups and packets, cocktail picks, toothpicks, cup sleeves, tops, food wrappers, beverage trays, straws, stirrers, tray-liners and plate-liners.

The city of Calistoga and two dozen Bay Area jurisdictions are among some 60 cities and counties in California where similar regulations have been adopted. The primary objectives of the initiative is to stop the consumption of fossil fuel-derived products, lessen the amount of waste directed to local landfills, and contribute to climate change mitigation efforts.

The committee will discuss the proposed ordinance during its regular upcoming meeting which is scheduled for 9:30 a.m. Friday, Feb. 23 in the Board of Supervisors chambers located at 1195 Third Street in Napa.

If the committee endorses the ordinance, it may also be considered for adoption by the Napa County Board of Supervisors and would apply to the unincorporated areas. The respective city/town councils may also consider adopting the ordinance. Public hearings would be required.

If adopted, enforcement officials or representatives designated by the county or respective town or city would be authorized to conduct inspections and investigations of foodware usage in any portion of the food providers’ premises to confirm compliance.

It is porViolators of the ordinance would be considered guilty of an infraction and would be subject to a $100 for a first violation, $200 for a second violation within one year, or a fine not exceeding $500 for each additional violation within one year.

Proposed exemptions would include:

• Disposable food ware composed entirely of aluminum or glass and is recyclable.
• Pre-packaged food that arrives at the premises of the food service establishment in a container or wrapper and is not removed from the container or wrapper before its sale or distribution.
• Repackaging of bulk food items in plastic bags for preservation and delivery purposes by government or charitable food distribution centers, such as food banks.
• Where suitable, compostable foodware products that comply with the provisions of this chapter are unavailable, as in the examples provided. Vendors shall use recyclable products if available.
• When needed to comply with State or County health code regulations, such as regulations requiring specified temperatures be maintained for hot-table display; and when no compostable product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance; and when the use of compostable products would be inappropriate for deli or grocery items such as sushi, salads and cakes, requiring display packaging. Recyclable products shall be utilized unless no such product is available.
• Bulk disposable food ware items sold by vendors, excluding bulk disposable food ware products made of polystyrene
• Pre-packaged food that arrives at the premises of the food provider in a container or wrapper and is not removed from the container or wrapper before its sale or distribution (e.g., ramen noodles in a polystyrene cup or pre-packaged meat in polystyrene trays sold at a grocery store).

• Polystyrene used at county facilities, by county franchisees, contractors and any vendors doing business with the county in situations deemed by the CEO or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.
• Medical supplies and services.
• Products made from polystyrene that are wholly encapsulated or encased by more durable material. Examples include surfboards, boats, life preservers, craft supplies, coolers, and ice chests which are wholly encapsulated or encased by more durable material.
• Construction products made from polystyrene if the products are used in compliance with the County Code concerned with stormwater management and used in a manner that prevents the polystyrene from being released into the environment.

The ban would not apply during declared emergencies such as a fire, flood or earthquake.

Lastly, the ordinance would not apply to a special event for which the event promoter submitted a complete application for review, or received approval, before the effective date of the ordinance.

The draft ordinance can be viewed online (proposed items highlighted in red) at Countyofnapa.org/589/Planning-Building-EnvironmentalServices.

Any questions or comments can be sent to David Morrison, special projects director, at david.morrison@countyofnapa.org.