HomeMy WebLinkAboutCOM 0107.038 2016-2018 Murashige, Laura
From: Lauren Suzanne Zirbel <laurenzirbel@gmail.com>
Sent: Monday, February 20, 2017 11:10 AM
To: Council Testimony
Subject: HFIA TESTIMONY
Attachments: FINAL DRAFT Bill 13_HFIA_Polystyrene_OPPOSE_FEB_2017.pdf
HFIA testimony on Bill 13 attached.
Tues.Feb 21 1:30 pm COUNTY CLERK
COUNTY OF HAWAI'I
,RECEIVED
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Ref. Date MO 0 8 2017
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Executive Officers:
John Erickson,Young's Market Company—Chair
"e x Beau Oshiro,C&S Wholesale—Vice Chair
Toby Taniguchi,KTA Superstores—Secretary/Treasurer
k. John Schilf,Rainbow Sales and Marketing-Advisor
4 Stan Brown,Acosta—Advisor
Paul Kosasa,ABC Stores—Advisor
HAWAII FOOD INDUSTRY ASSOCIATION Barry Taniguchi,KTA Superstores—Advisor
Derek Kurisu,KTA Superstores—Immediate Past Chair
Lauren Zirbel,Executive Director
1050 Bishop St. PMB 235
Honolulu,HI 96813
Fax:808-791-0702
Telephone:808-533-1292
http://www.hawaiifood.com
TO: COMMITTEE ON ENVIRONMENTAL MANAGEMENT
EILEEN 0' HARA, Chair and Presiding Officer
HERBERT M. "TIM".RICHARDS,Vice Chair
FROM: HAWAII FOOD INDUSTRY ASSOCIATION
Lauren Zirbel, Executive Director
DATE: FEB. 21, 2017
TIME: 1:30 P.M.
PLACE: West Hawai'i Civic Center, Kailua-Kona
• RE: Bill 13
Position: Oppose
The Hawaii Food Industry Association is comprised of two hundred member companies
representing retailers, suppliers, producers, and distributors of food and beverage related
products in the State of Hawaii.
HFIA is in opposition to this mandate because it will increase costs for consumers and provide
no upside for the environment. Without a commercial composting facility that can accept these
"compostable" food-packaging items,they are not compostable. All packaging types are bad for
the environment if they are littered. We hope that the committee defers this measure and
instead passes measures, which address larger waste management issues.
Main Points
Items packaged in store to be prepared at home,which are used for potentially hazardous
products such as raw meats and eggs, use foam trays and egg cartons for the safety and
preservation of these items.These types of items are almost always exempted for legislation
such as this.Although the language in the"prohibition"section is clear that the intent is for
prepared foods the language in the "Required use of recyclable or compostable food service
ware" uses different language and does not include the words"prepared foods". This is very
dangerous.We talk more about how the definitions in that section will be impossible to
comply with later in our testimony.
Leaks from alternative containers may burn customers, leaving vendors liable when they are
unable to supply suitable containers. Some members have re-evaluated their packaging for to-
go orders, and although they were able to replace the vast majority of foam items from their
packaging line-up,there are still items that were simply dangerous for transport in any other
container. It is unfair to leave a business open to such a huge liability and not provide
exemptions for difficult to transport hot items.
Specific Bill Drafting Issues
There is currently no definition for"recyclable" in the bill,which can be problematic as what is
recyclable may change year over year depending on the policies put in place by the State and
the County. Currently,virtually no material types are recycled within the state of Hawaii—
metals,glass, plastics and paper are all collected and shipped to Asia or the mainland to be
recycled there. In contrast, polystyrene is collected and recycled in many regions globally, and is
even recycled in Honolulu'. Currently none of the ASTM compostable items are being collected
and composted in Hawaii County so it is unclear if they can be included in this definition of
compostable.
We would request the following changes be considered if the council intends to pass this
measure forward, which we hope they do not.
Bracketed sections to be deleted, underlined to be added, and comments/reasoning in italics.
Division 2. Prohibitions [and Requirements].
Section 20-_. Prohibitions.
Food vendors are prohibited, as ofJuly 1,2021 from providing prepared food to a customer in
disposable food service ware that is made from polystyrene foam.
2021 is a more realistic start date for companies to find alternative products and the industry to
attempt to produce appropriate products to fill the void for dangerously hot items.
[Section 20-_. Required use of recyclable or compostable food service ware.
a)As of July 1, 2018, all food vendors using any disposable food service ware shall use a suitable
recyclable or compostable product.]
This section is extremely problematic, as it does not use the same format as the prohibitions
section. This section omits the words "providing prepared food". This means that this would
apply to meat trays and egg cartons. This would place local eggs and meat at a huge
disadvantage to mainland packaged meat and eggs that are transported here in less expensive
foam packaging. This would result in more leakage,spoilage, and breakage of local products. It
is inappropriate for non-prepared foods to be included in this ban. The results would be
disastrous for the local food economy.
http://www.epsindustry.org/eps-sustainability/excellence-eps-recycling-award
What is "recyclable and compostable"may change from administration to administration
depending on the standards used and programs implemented. This will make enforcement
difficult. Imagine you are a business owner and you have to change your entire packaging line up
every time the State changes their recycling requirements and procedures. This section may be
impossible to comply with year over year if the standards change. We currently do not have an
acting composting facility in the county so would the products labeled cornpostable actually be
compostable?If the state is unable to pay to ship recyclables to the mainland one year are
products marked as recyclable still recyclable?If some of the recyclables are incinerated at a
power facility are they recyclable?
[b)As of July 1, 2018, all county facility users shall use a suitable recyclable or compostable
product for disposable food service ware.]
Section 20-_. Exemptions.
a) Food packaging[outside the limits of the County of Hawai' i ] including but not limited to
egg cartons and meat tray sand all packaging used for allproducts that are notprepared
foods are exempted from theprovisions of this article:
b) Vendors authorized to acceptSupplemental Nutrition Assistance Pro&ra_m (SNAP)
benefits.
c) Vendors classified as nonprofits by_the IRS.
d) Foodpackagin�for food types that commonly are served too hot to be safely_packaged
in an alternative_package.
We are concerned about the bill's impact on valued partners in the Big Island community,
including non-profits and retailers that assist individuals under the Supplemental Nutrition
Assistance Program (SNAP). Non-profits rely heavily on food fundraisers. In general,food
retailers, which provide food to many low-income individuals, operate at a profit margin of
around one percent and small businesses, grocers and non-profits have comparably low or non-
existent profit margins. With Hawaii's high prices, Big Island residents and their non-profits and
businesses struggle every day to survive.
Vendors use polystyrene products as a means of dispensing food because polystyrene is cost
effective and sanitary and its sturdiness protects customers from spills and burns. In addition to
being FDA approved, polystyrene containers promote food safety and help to keep food fresh for
longer periods of time by insulating and maintaining appropriate temperature.
There is currently no comparable alternative available that provides the same level of durability,
temperature regulation and overall efficacy as polystyrene.
Comparing Different Products Impacts on the Environment &Human Health
There are very real concerns associated with the manufacturing of biodegradable packaging.A
Smithsonian Magazine article (2006)wrote that biodegradable alternatives have considerable
drawbacks that haven't been publicized ...for example the cultivation of corn uses more
nitrogen fertilizer, more herbicides and more insecticides than any other U.S. crop;those
practices contribute to soil erosion and water pollution when nitrogen runoff enters streams
and rivers. One must acknowledge the environmental trade-offs associated with the use of any
packaging material and whether a mandate to use one particular type of container or product
will have the desired result of reducing litter and/or marine debris.
All foodservice products—regardless of the material from which they are made—require the
use of various natural resources (i.e., energy,water).A 2006 Life Cycle Inventory study by
Franklin and Associates showed that polystyrene,when compared to other food service
containers, is very efficient in minimizing air emissions and energyTused in the manufacturing
process and in reducing the amount of waterborne waste generated during the manufacturing
process.
This bill makes the false assumption that products that would replace polystyrene are
somehow manufactured in a vacuum without the use of any raw materials,energy,or water,
or fuel to deliver the product. This is especially important considering many bio-degradable
options are produced in China where labor, quality and environmental standards are know to be
well below the labor, quality and environmental standards practiced in plants which produce
polystyrene here on the island of Oahu.
It is important to consider the carbon footprint of shipping supplies from China, especially
given that local businesses currently produce a more economically viable product while also
providing hundreds of jobs to the community.
Extensive studies from the FDA, Health Canada and Environment Canada concluded that
polystyrene is"non-toxic" and that styrene "does not constitute a danger to human life and
health" and "does not constitute a danger to the environment on which human life depends."
Concluding Remarks
We believe it is unfair to require our local businesses to use packaging alternatives that cost two
to three times more than polystyrene products.The only ways to offset this proposed
prohibition are to increase prices or to take a substantial financial loss, which may lead to layoffs
or closures, leaving people without jobs. Increases to the price of food will also impact Hawaii
families and individuals who are already struggling to pay for basic living necessities.
We strongly encourage the County of Hawaii to look into establishing a polystyrene recycling
program,which would mitigate environmental concerns and reduce solid waste on the island.
Please remember that the proposed ban will not be a negligible cost against a large company;
rather it will hurt non-profits, school cafeterias, grocers, restaurants, small mom and pop
establishments and local families-all struggling with high food and living costs.
Financially hurting non-profits and small businesses, fostering job layoffs and closures in the
food industry and driving up the price of food for families is not the right choice for Hawaii
County and for these reasons we ask that this measure be held.
Thank you for the opportunity to submit testimony.