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COUNTY CLERIC
Hawaii Island COUNTY OF HAWAI'I
RECEIVED
Committee on Environmental Management Time /�obpM By
Date r-73, 2/, 20/7
February 21, 2017
BILL 13: "Amends Chapter 20, of the Hawaii County Code 1983 (2005 Edition, As Amended), By Adding
a New Article Relating to Reduction of Polystyrene Foam "Styrofoam" Food Containers and Food
Service Ware"
Position: Oppose,Amendment Offered
Testimony By: Dexter Yamada,Joy Gold
Chair O'Hara, and Members of the Environmental Management Committee:
Dexter Yamada is President of KYD Inc, doing business as K Yamada Distributors. Joy Gold is a consultant to
Dexter Yamada and KYD, Inc a locally founded, family run business in Kalihi since the 1940's as a florist and a
supplier of florist supplies. In 1958 KYD evolved into the packaging company of today and later expanded into
a distributor of many other fine products.
KYD, Inc and its sister company, Hawaii Foam Products, LLC produces and distributes many of the packaging
materials all of us see and use every day, such as food-grade expanded polystyrene (PS foam)food containers.
We supply these containers to food processers,food establishments, supermarkets, hotels, hospitals, and
other major institutions. We stand by the safety,functionality and affordability of PS Foam and our
employees.
Correction of Misinformation:
Bill 13 is similar to Bill 140draft2 that was heard by the past Environmental Management Committee and
Full Council, in which Dr. George Cruzan, noted toxicologist, addressed the safety of polystyrene products
and distinction from styrene, which is a natural element found in foods such as cinnamon, strawberries, etc.
Additional facts are provided in the attachment.
Bill 13 discriminates against a FDA approved product that has superior-insulating qualities for hot and cold CT `r
foods and is economical to food operators, county programs such as Meals on Wheels and senior meal
programs, and community events like the Merrie Monarch Festival. •
Ocean and Land Debris d
It discriminates against a product that represents less than 1% of the total municipal solid waste (EPS MSW
Characterization Report, 2013). U °G
A ban that singles out food-grade EPS food containers does little to reduce litter or ocean debris harmful to
marine life and the environment. A local, Big Island marine biologist said that 26-89% of the island's ocean
debris is land-based sources: straws, wrappers, insulation, shipping containers, hot coffee cups, meat trays,
saimin containers. EPS foam containers was about 1%of the debris.
Similarly, the International Coastal Cleanup identifies the most common debris are plastic cigarette butts, food
wrappers, plastic beverage bottles, plastic bottle caps, and plastic straws and drink stirrers. Plastics can enter
into the ocean through ineffective or improper waste management, intentional or accidental dumping and
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An independent leader in packaging and wholesale distribution
P.O. BOX 29669, Honolulu, Hawaii 96820 Phone: (808)836-3221 Fax (808) 833-8995
littering on shorelines or at sea, or through storm water runoff. (Trash Talk: Marine Debris and Plastics, NOAA,
Sept. 17, 2015)
Much is said about EPS foam containers killing marine life and the albatross. Yet,the photo below shows no
foam but many cigarette lighters, bottle caps and other debris.
So what's killing the albatross?
Stomach contents show a lot of cigarette lighters, bottle caps and other debris. It's not EPS foam containers.
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Bill 13 is based on removing PS foam containers from the waste stream to provide maximum diversion of
compostable foodware to be available as compost to farmers and the community, and to be effective in
tandem with the County's full-scale compost program, effective July 1, 2018.
On Saturday, Feb. 18, 2017, West Hawaii Today reported that Mayor Kim, while supporting diversion of
organic waste from Hawaii County's landfills, cancelled the contract for the full-scale composting facility.
In addition, BioEnergy Hawaii LLC's WTE facility in West Hawaii, which is privately funded, will build a waste
separation, anaerobic digestion facility to produce methane and other gases, as well as soil amendments
and fertilizer. We anticipate that both compostable and PS foam containers will be a welcomed feedstock
to BioEnergy Hawaii.
Since the fate of the County full-scale compost facility is in flux and BioEnergy Hawaii LLC is closer to
becoming a reality, we offer the following amendment:
Section 3. This ordinance shall take effect {upon approval.} after 1 year of successful operations of the
County's food-waste composting facility.
Thank you for the opportunity to testify.
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P.O. BOX 29669, Honolulu, Hawaii 96820 Phone: (808)836-3221 Fax: (808)833-8995
INFORMATION ABOUT FOOD-GRADE EXPANDED POLYSTYRENE DISPOSABLE PRODUCTS
• FDA Determines Polystyrene Is Safe for Use in Food Contact Since 1958
The federal Food and Drug Administration (FDA) strictly regulates all food packaging materials including
polystyrene—from which components can reasonably be expected to migrate into food. For every food
contact material, there must be sufficient scientific information to demonstrate that the use of the material
is safe.
- Following manufacture of polystyrene, tiny amounts of styrene may remain in the polymer. So FDA
evaluates the safety of the food contact material itself(polystyrene) and the safety of substances that
can migrate into foods and beverages (styrene). The result of this evaluation is that FDA has approved
polystyrene as safe for use in contact with food for decades.
- In 2013, the American Chemistry Council's Plastics Foodservice Packaging Group provided updated
styrene migration data to FDA. http://p lasticfoodservicefacts.com/Safety-of-Styrene-Based-Polymers-
for-Food-Contact
The data show that current exposures to styrene from the use of polystyrene food contact products
remain extremely low, with the estimated daily intake calculated at 6.6 micrograms per person per
day. This is more than 10,000 times below the safety limit set by FDA (the FDA's acceptable daily intake
value of styrene is calculated to be 90,000 micrograms per person per day).
• Harvard Center for Risk Analysis Concludes No Cause for Concern from Exposure to Styrene from Foods
The Harvard study(2002) reported that styrene is naturally present in foods such as strawberries, beef, and
spices, and is naturally produced in the processing of foods such as wine and cheese. The study also
reviewed all of the published data on the quantity of styrene contributed to the diet due to migration from
food-contact packaging. The scientists concluded that there is no cause for concern from exposure to styrene
from foods or polystyrene used in food-contact applications, such as packaging and foodservice containers.
For More Information:
• Contact the Plastics Foodservice Packaging Group (PFPG) of the American Chemistry Council,
(mike levy@americanchemistry.com) for information on FDA reports referenced above.
• The Styrene Forum FAQ(Frequently Asked Questions), "What about the safety of polystyrene food
packaging?"
• "A Comprehensive Evaluation of the Potential Health Risks Associated with Occupational and
Environmental Exposure to Styrene", Harvard Center for Risk Analysis, Harvard School of Public
Health, Boston, MA (Journal of Toxicology and Environmental Health, Volume 5, Number 1-2,January
—June 2002), published quarterly by Taylor& Francis.
• Food-Grade EPS Applications
Food-grade expanded polystyrene is referred to as Expanded Polystyrene, EPS, Polystyrene Foam'', and Foam
Products. It's the material of choice for egg cartons, food take out containers, meat trays, disposable plates
and disposable cups
- Lightweight
- Maintains temperature/heat well
- Hygienic, prevents leakage of food and does not compromise the taste of the food
- Inexpensive
1 Foam foodservice products are not Styrofoam.STYROFOAM'is a registered trademark of The Dow Chemical Company that
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ILVIIKYD, Inc. dba k, yamada distributors
An independent leader in packaging and wholesale distribution
P.O. BOX 29669, Honolulu, Hawaii 96820 Phone: (808)836-3221 Fax: (808)833-8995
represents its branded building material products, including rigid foam and structural insulated sheathing,and more.
• Life Cycle Inventory(LCI) of Foodservice Products Valuable Tool for Industry and Policy Makers
A LCI is an analysis of the inputs and outputs of a given product system, a cradle-to-grave picture of a
product's environmental attributes, from raw material extraction and manufacturing to post-use recover or
disposal. It's easy to focus on a product's end of life since that's what consumers see---but the
environmental footprint of any product includes all of its impacts, such as raw material use, resources used
in manufacture, fuel use and emissions in transport and more.
The 2006 Foodservice Packaging LCI, a peer-reviewed study from Franklin Associates, Ltd, provides a
comprehensive look at the energy and environmental performance of food servicing packaging products
made with EPS, bleached paperboard or corrugated paperboard, including hot and cold beverage cups and
sandwich "clamshells". It provides comparative information on air, water, solid waste and energy as well as
a complete range of post-use options such as recycling, composting, land filling and waste-to-energy
incineration. http://www.dart.biz/web/environ.nsf/files/Franklin2006.pdf/$FILE/Franklin2006.pdf
The 2011 Expanded LCI study summary can be found at
http://www.americanchemistry.com/Media/PressReleasesTranscri pts/ACC-news-releases/New-Study-
Polystyrene-Foam-Cups-and-Plates-Use-Less-Energy.html
The full peer reviewed study can be found at http://plasticfoodservicefacts.com/Life-Cycle-Inventory-
Foodservice-Products
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WILL CALL,G&A,AND WAREHOUSE OFFICES:2949 Koapaka Street,Honolulu,Hawaii 96819-1923 Phone:(808)836-3221 Fax:(808)833-8995