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Oahu would have the state’s strictest law against single-use, oil-based plastic containers and utensils under a bill approved 3-2 by the Honolulu City Council Public Safety and Welfare Committee Thursday night.
Bill 40 now goes to the full Council for a final vote on Dec. 4. Mayor Kirk Caldwell has indicated in the past that he supports a ban on single-use plastics.
Committee members Carol Fukunaga and Heidi Tsuneyoshi voted against the bill, citing concerns raised by the business community.
More than 60 people testified over 3-1/2 hours Thursday, with supporters outnumbering opponents by a margin of about 10-1.
Bill supporters say most of the food industry has been avoiding the move away from plastics for years and that the need to remove them has reached a critical point in the face of sea level rise and climate change. They also cited dangers that wrongly trashed plastics pose to the sea creatures that mistakenly eat them. A majority of those who testified were college or high school students who urged committee members to consider Oahu’s long-term future.
Opponents of the bill, including a who’s who of the food industry, argue that the bill is too vague and that they want more time to work with Council members to clarify it. While Public Safety Chairman Tommy Waters and bill author Councilman Joey Manahan insisted prepackaged foods would not be part of the ban, food industry leaders said the language allows for differences in interpretation that leaves businesses trying to eke out a living with too much uncertainty.
The latest draft of the bill, brought forward by Waters, calls for a tiered implementation period.
The Department of Environmental Services, which would be tasked with overseeing the prohibition, would need to begin an education program by Jan. 1.
Beginning Jan. 1, 2021, businesses would be prohibited from making available plastic serviceware including forks, spoons, knives and straws and foam foodware including hot and cold beverage cups, plates or other containers. Compostable serviceware may be made available, but only if a customer requests it, answers “yes” when given a choice, or if the retailer puts out a self-service area.
On Jan. 1, 2022, the ban would expand to include plastic foodware including beverage cups, bowls, clamshell containers, trays or other “hinged or lidded” containers designed for single use.
The bill calls for an exemption for all prepackaged foods or drinks, or food-related bags and wrappers. That’s the section food industry representatives said they’re most concerned about.
Andrea Tournis-Vagenas, owner of gourmet popcorn company Island Popper, said that after the reading the latest draft, she’s not sure she could continue to use the same sealable bags she’s been using.
“There’s no way to keep popcorn fresher besides plastic bags,” Tournis-Vagenas said. “Unfortunately, the technology doesn’t exist right now.” The draft of the bill contains a listing of some of the items that would be exempted including “pre-packaged or pre-sealed items typically sold by a food vendor, such as bentos, kimchi, seaweed salad, takuan and tofu.”
That list does not include popcorn packaging, she said.
Waters suggested to her that her product would fall under the definition of a “food-related bag” and therefore be exempt.
Jason Higa, president and CEO of Zippy’s parent company, FCH Enterprises, said that his company has local roots and is sensitive to the concerns of the environment. Zippy’s voluntarily switched to recyclable polypropylene food containers from polystyrene plates in 2010. With a logo and other customized features, the new containers cost about 15-18 cents more which Zippy’s has been able to pass on to its customers, but Higa said he worries about smaller businesses who may need more time to switch.
Nicole Chatterson, director of Zero Waste O‘ahu, said the environmental community has heard the same argument for more than 15 years. “We’ve come up with something very reasonable,” Chatterson said. “I can’t figure out what’s not clear about it. I think it’s pretty straightforward at this point. And we have two years of time to support our business community making the change.”
Tabatha Knudson, a student at the University of Hawaii-Manoa, said “plastics and its detrimental effects on both our island and our health have become increasingly worrisome” but believes the island community is capable of converting to more environmentally friendly products.
Highway Inn, the restaurant where she works, does not use any oil-based plastic products for its takeout containers, bags, utensils and straws, she said.
“In all my experience there, I have never heard of any customer complain about the quality or convenience of the material,” Knudson said. “I feel that this speaks to the capability of the alternatives that we could use instead (of plastic) with this bill.”
To see the bill and other information, go to the Council’s Bill 40 web page at: bit.ly/2Od1LsW.
PLASTICS BAN
The single-use plastics bill approved by the City Council Public Welfare and Safety Committee specifies:
>> On Jan. 1, the Department of Environmental Services would begin an education and outreach program with the help of the community and businesses.
>> On Jan. 1, 2021, businesses would be prohibited from using “plastic service ware” such as forks, spoons, knives and straws; or “foam food ware” containers like cups or plates for hot or cold food or beverages. Compostable utensils would be available only upon customers’ requests or via self-service. The ban would not include pre-packaged foods or drinks, or food-related bags and wrappers.
>> On Jan. 1, 2022, the ban would expand to include “plastic food ware,” including beverage cups, bowls, clamshell containers, trays or other “hinged or lidded” containers used for single use.
>> Among the exemptions: Prepackaged or presealed items “typically sold by a business,” “grab and go” containers for such things as sandwiches; “shelf stable” packages for things like rice; plastic condiment packets, food-related bags or wrappers including wraps and bags for musubi, poi, crackers, cookies, bread and ice; beverage-related bottles and cartons; packaging for unprepared food; packaging for prepared food or beverages for wholesale distribution.
For more information, see the Council’s Bill 40 web page at: bit.ly/2Od1LsW
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