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Summary of Testimony on Bill 13 <br /> March 7, 2017 <br /> Page4of7 <br /> Bill No. 13 (Draft 2) <br /> AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983 <br /> (2016 EDITION,AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO <br /> REDUCTION OF POLYSTYRENE FOAM "STYROFOAM" FOOD CONTAINERS <br /> AND FOOD SERVICE WARE. <br /> The Department of Environmental Management (DEM) has reviewed Bill 13 ("Bill 13" or"Bill") <br /> and respectfully submits the following comments: <br /> 1) The intent of the Bill "...to eliminate the use of polystyrene foam for packaging unprepared <br /> food, and thereby promote the use of environmentally preferable alternatives..." is a <br /> supportable purpose and goal and DEM is in full agreement with the intent. Each of the <br /> requirements to enforce a polystyrene foam ban in the County of Hawai'i requires <br /> personnel and budget. DEM is an operating department with responsibilities that include <br /> solid waste management and recycling. The additional tasks provided for in Bill 13 would <br /> make DEM, Solid Waste Division responsible for regulatory compliance. To add this to <br /> DEM's responsibilities without supplying the financial and personnel resources necessary <br /> to train personnel and to adequately enforce the polystyrene foam ban in the County of <br /> Hawai'i would do a disservice to the Bill, DEM and the citizens of our County. Therefore, <br /> without adequate financial and personnel support, DEM cannot support this Bill,in spite <br /> of supporting its goals and intent. <br /> 2) For clarification the following definitions are of importance: <br /> a) "Food vendor" means any restaurant or retail food establishment. <br /> b) "Food provider" means any vendor, business, organization... includes without limitation <br /> ...., grocery store, supermarket...which provides food in conjunction with services. <br /> c) "Retail food establishment" means any sales outlet, store, shop, vehicle, or other place <br /> of business which sells or conveys foods or beverages to ultimate consumers, which <br /> foods or beverages are contained, wrapped, or held in or on food packaging. <br /> d) "Food packaging" means all food- related wrappings... which are not intended for reuse. <br /> 3) Section 20-_. Required use of recyclable or compostable food service ware. <br /> a) As of July 1, 2018, all food vendors using any disposable food service ware shall use a <br /> suitable recyclable or compostable product. <br /> i) Comment: <br /> (1) This section can pose problems for local supermarkets and retailers. Since <br /> "Retail Food Establishments" are "Food establishments"they are subject to this <br /> section. Mainland facilities who not forbidden the use of Non-recyclable <br /> packaging can send items to Hawai'i, such as eggs, or prepackaged meats, in <br /> polystyrene foam packaging. However, once a shipment is received in Hawai'i, <br /> retailers would be required to re-package these foods in recyclable or <br /> compostable containers before they could sell such items locally.This could <br /> result in a significant cost impact to Hawai'i County residents. In addition, given <br /> the stated situation, Hawai'i County could still have to dispose of the non- <br /> County of Hawaii is an Equal Opportunity Provider and Employer. • <br />