Green Packaging Working Group — Portland, ME
Date: 2013-03-11

CITY OF PORTLAND, MAINE
 Agenda

 Green Packaging Working Group Task Force

DATE: 3/11/2013
TIME: 5:00 PM
LOCATION: Portland City Hall, Room 24
 AGENDA
1. Welcome and Introductions
2. Goals and Objectives of the Working Group
3. Presentation of Freeport Foam Packaging Ordinance
4. Discussion
5. Meeting Schedule
6. Adjourn
 TOWN OF FREEPORT
 CHAPTER 33 STYROFOAM ORDINANCE


Whereas, the Council finds that:

 1. Located in Maine on the shore of the North Atlantic Ocean, an area known
world-wide for its natural beauty, fish and other wildlife, the Town of Freeport believes that
it has an obligation to maintain and preserve its special natural environment;

 2. Maintenance of Freeport as litter-free as possible is important to protect and
preserve its natural environment and enhance its quality of life for residents and visitors;

 3. The United Nations Environmental Programme Diplomatic Conference in
Montreal (Montreal Protocol on Substances that Deplete the Ozone Layer) acknowledged the
threat of chlorofluorocarbons to the earth's atmosphere and established international goals for
the phased reduction of the manufacture and use of specific chlorofluorocarbon compounds
("CFC's"). The Town of Freeport supports international and federal efforts to reduce the
non-essential use of chlorofluorocarbons.;

 4. The Federal Environmental Protection Agency reports that foam products
account for 28% of ozone-depleting potential of CFC's. Blowing agents used in the
production of non-CFC PSF's create hazardous earth-level smog;

 5. The Federal Environmental Protection Agency has issued a national municipal
waste strategy calling for a 25 percent reduction in solid waste by 1992. The strategy, titled
"The Solid Waste Dilemma: An Agenda for Action", includes the promotion of recycling.
The State of Maine is considering how to implement this strategy;

 6. The State of Maine has banned the service of food and beverages in
polystyrene foam containers at facilities or functions of the State or its political subdivisions
effective January 1, 1990 (38 MRSA Section 1651 et seq.);

 7. Readily disposable consumer plastic containers and wrappers (including those
made from polystyrene foam) are essentially not biodegradable and as litter do not
decompose over time into the natural environment;

 8. The use of readily disposable consumer plastic containers and wrappers has
increased annually and projections indicate a significant growth in their use;

 9. Plastic litter, particularly polystyrene foam, poses a threat to the natural
environment, including fish and other wildlife;

 10. This Ordinance will serve the public interest by reducing the amount of non-
biodegradable waste littering Freeport as a portion of any substitute packaging is expected to
be composed of biodegradable material in whole or in part. Polystyrene foam litter is highly
durable, buoyant, and non-biodegradable and, therefore, persists and detracts from the
appearance of the area longer than many other types of litter;

 11. At the present time there is no Recycling Program in Freeport for polystyrene
foam food or beverage containers;

 12. Some other commonly used food packaging materials are also non-
biodegradable and contribute to litter problems; nevertheless, the Council finds that it is
appropriate to regulate polystyrene foam food packaging while not regulating other types of
food packaging at this time for the following reasons:

 A. To minimize disruption in the food services and sales industry, the
 Council should avoid banning a wide range of packaging materials at one time. It
 might be appropriate to ban other packaging materials in the future, but an
 incremental approach to eliminating undesirable packaging materials will cause less
 disruption and allow the Town to handle enforcement in more manageable stages;

 B. Polystyrene foam is the most commonly used non-reuseable food
 packaging material for prepared foods in restaurants and food service establishments
 in Freeport and, therefore, prohibiting its use for such purpose and its sale at retail
 will be the most effective way of reducing non-biodegradable litter in Freeport;

 C. Ingestion of polystyrene foam particles has been identified as a hazard
 to wildlife, while this problem has not been associated with other food packaging
 materials.

NOW, THEREFORE, BE IT ORDERED:

 1. On and after January 1, 1990, no retail food vendor shall serve or sell
prepared food and no food packager shall package meat, eggs, bakery products or other food
in polystyrene foam (PSF) containers;

 2. On and after January 1, 1990, no vendor in the Town of Freeport who sells
tangible personal property at retail shall sell polystyrene foam food or beverage containers;

 3. Violations of this Ordinance shall be punishable by fines as follows:

 A. A fine not exceeding $250 for the first violation in a one-year period;

 B. A fine not exceeding $500 for the second and each subsequent
 violation in a one-year period;

 4. Provided nevertheless that the effective date of this Ordinance shall be
postponed if and as long as there is developed and maintained an effective Town-wide
Recycling Program for polystyrene foam food and beverage containers, as determined by the
Town Council;
 5. Definitions. As used in this Ordinance the following terms have the following
meanings:

 A. "Biodegradable" means material capable of being broken down by
 micro-organisms into simple substances or basic elements;

 B. "Chlorofluorocarbons" are the family of substances containing carbon,
 fluorine and chlorine;

 C. "Food Packager" means any person located within the Town of
 Freeport who places meat, eggs, bakery products, or other food in packaging
 materials for the purpose of retail sale of those products;

 D. "Prepared food" means food or beverages which are served at the food
 vendor's location having been previously prepared elsewhere or are prepared at the
 vendor's location by cooking, chopping, slicing, mixing, brewing, freezing or
 squeezing. "Prepared food" does not include any raw uncooked meat or eggs.
 Prepared food may be eaten either on or off premises;

 E. "Person" means any natural person, firm, corporation, partnership, or
 other organization or group however organized;

 F. "PSF" means polystyrene foam;

 G. "Recycling Program" - a process whereby used materials are separated
 from the solid waste stream and utilized as a raw material in the manufacture of a
 new product or for new economic use;

 H. "Restaurant" means any establishment located within the Town of
 Freeport selling prepared food to be eaten by customers. Restaurant includes a
 sidewalk or other outdoor food vendor;

 I. "Retail Food Vendor, Vendor" means any person, restaurant, store,
 shop, sales outlet or other establishment, including, without limitation, a grocery
 store, convenience or variety store or a delicatessen located within the Town of
 Freeport which sells prepared food;

 If any part or provision of this Ordinance or the application thereof to any person or
circumstances is held invalid, the remainder of the Ordinance, including the application of
such part or provision to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of this Ordinance are
severable.
 Order 223-11/12
 Passage: 9-0 6/18/12
MICHAEL F. BRENNAN (MAYOR) JOHN R. COYNE (5)
KEVIN J. DONOGHUE (1) CITY OF PORTLAND JOHN M. ANTON (A/L)
DAVID A. MARSHALL (2) IN THE CITY COUNCIL JILL C. DUSON (A/L)
EDWARD J. SUSLOVIC (3) NICHOLAS M. MAVODONES (A/L)
CHERYL A. LEEMAN (4)



 ORDER INSTRUCTING THE TRANSPORTATION, ENERGY AND
 SUSTAINABILITY COMMITTEE TO CONSIDER AN ORDINANCE OR
 RECOMMENDATION BANNING THE SALE OF NON-RECYCLABLE
 POLYSTYRENE FOAM (PSF) CONTAINERS

 ORDERED, that the Transportation, Energy and Sustainability Committee shall consider
 an ordinance or recommendation to ban the sale of non-recyclable polystyrene foam
 (PSF) containers within the City of Portland and take subsequent action as the Committee
 deems appropriate.