HomeMy WebLinkAbout2014_04_02 Written Communications - Plastic Bags & EPS
City of Saratoga
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk
Date: April 2, 2014
Subject: Item 13: Plastic Bag and Expanded Polystyrene Restrictions and Bans
After the agenda packet for the April 2, 2014 City Council meeting was prepared and
posted, the City received written communications on Agenda Item 13: Plastic Bag and
Expanded Polystyrene Restrictions and Bans. These written communications are
attached to this memo.
Additionally, a mistake was made in the staff report. The report notes that the Council
Member Hunter’s request to agendize discussion on single-‐‑use plastic bag and
expanded polystyrene bans was supported by Vice Mayor Miller. However, the request
was supported by Council Member Page.
Wednesday,
April
2,
2014
5:23:40
PM
Pacific
Daylight
Time
Page
1
of
1
Subject:Letters
from
the
California
Restaurant
Association
regarding
Agenda
Item
#
13
Date:Tuesday,
April
1,
2014
2:02:05
PM
Pacific
Daylight
Time
From:Javier
Gonzalez
<jgonzalez@calrest.org>
To:City
Clerk
[Crystal
Bothelio]
<ctclerk@saratoga.ca.us>
Dear
Mayor
and
Council
Members
(via
the
City
Clerk):
Attached
are
two
letters
from
the
California
Restaurant
Association,
on
behalf
of
our
members,
regarding
the
consideration
of
two
ordinances
that
would
ban
the
use
of
expanded
polystyrene
food
containers
and
single-‐use
plastic
bags.
The
CRA
would
respectfully
urge
you
to
consider
exempting
restaurants
from
the
plastic
bag
ban.
Many
neighboring
local
jurisdictions
have
exempted
restaurants
for
health
and
safety
reasons.
As
of
the
expanded
polystyrene,
we
are
opposed
as
these
products
not
only
function
better
in
keeping
cold
food
cold
and
hot
food
hot
but
are
two
to
three
time
less
expensive.
Thank
you
for
your
consideration.
Sincerely,
Javier
Gonzalez
***********************************
Javier
M.
González
Director,
Local
Government
Affairs
Government
Affairs
+
Public
Policy
California
Restaurant
Association
621
Capitol
Mall,
Suite
2000
Sacramento,
CA
95814
T:
800.765.4842
/
408.416.6344
F:
408.703.2488
jgonzalez@calrest.org
Membership
matters.
Confidentiality
note:
This
electronic
message
transmission
contains
information
from
the
California
Restaurant
Association
which
may
be
confidential
or
privileged.
The
information
is
intended
to
be
for
the
use
of
the
individual
or
entity
named
above.
If
you
are
not
the
intended
recipient,
be
aware
that
any
disclosure,
copying,
distribution
or
use
of
the
contents
of
this
information
is
prohibited.
If
you
have
received
this
electronic
transmission
in
error,
please
immediately
notify
us
by
telephone
at
800.765.4842.
PO Box 8607 / San José, California 95155 / www.calrest.org
April 1, 2014
Honorable Emily Lo
Mayor of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
DELIVERED VIA EMAIL
Re: OPPOSED to a ban on single-use carryout bags unless food service establishments
are exempted.
Dear Mayor Lo and Council Members:
The California Restaurant Association is the definitive voice of the food service industry in California
and is the oldest restaurant trade association in the nation. On behalf of our restaurant members
Saratoga, we submit this regarding a proposed ordinance to ban the use of plastic bags in all retail and
food establishments. As providers of prepared food, restaurants take their responsibility to provide
food in a safe and unadulterated manner seriously and devote a tremendous amount of effort to ensure
food safety. If plastic bags are banned the only bag options left for restaurants are reusable bags or
paper bags. These options pose serious public health and safety risks as well as operational challenges
for restaurants. For these reason as well as the reasons explained below, we ask the City of
Saratoga to fully exempt food service establishments from this ban.
Restaurants are generally exempted from bag ordinances due to food safety concerns with using
reusable bags for prepared food to-go. Most recently, the City of San Jose and Santa Clara County have
exempted restaurants from their ordinances.
Other California jurisdictions that have passed bag ordinances with an exemption for
restaurants include Cupertino, San Jose, Calabasas, Long Beach, Los Angeles County, City of
Los Angeles, Marin County, Oakland, Santa Clara County and Santa Monica. For example:
o Santa Monica’s ordinance provides: “5.45.040 Exemptions (a)(1): Single-use plastic
carry out bags may be distributed to customers by food providers for the purpose of
safeguarding public health and safety during the transportation of prepared take-out
foods and liquids intended for consumption away from the food provider’s
premises.”1
1 City of Santa Monica Bag Ordinance at http://qcode.us/codes/santamonica/view.php?topic=5-5_44-5_45- 5_45_040&frames=on
Cupertino City Council Letter
8/7/2012 Study Session
Page 2
o San Jose provided that “Restaurants and food establishments would not be subject
to the ban for public health reasons. Reusable bags are considered impractical for
these purposes.”2
According to the US Department of Health and Human Services, “Harmful bacteria are the
most common cause for food poisoning” or foodborne illness.3 To safeguard against
foodborne illness, restaurants must follow strict food safety standards in food handling
under Cal Code, the California retail food code. Restaurants are regularly inspected by their
county environmental health department under these guidelines.
Food safety and food borne illness prevention is a top priority for restaurants, but no matter
what precautions are taken by the restaurant to prevent cross contamination, it can all be in
vain if people use contaminated reusable bags to transport restaurant food.
People use reusable bags for various purposes, not just to transport food. They use reusable
bags to carry dirty clothes, shoes, pet items and any number of personal items. The co-
mingling of non-food items with perishable, food items can expose food to germs and
bacteria. Additionally, many people do not wash their reusable bags. Bags are often kept in
car trunks for convenience; an environment that can be a breeding ground for bacteria.
Any potential risk of cross contamination is taken very seriously and cause for concern. This
risk exists with reusable bags. (See research by University of Arizona and Loma Linda
University, Center for Food Industry Excellence at Texas Tech University, and Health
Canada).
Health Canada warns: “When you are using reusable bags and bins, the biggest food safety
concern is cross-contamination. Because these kinds of grocery bags and bins are used
frequently, they can pick up bacteria from foods they carry.”4
In a study by University of Arizona and Loma Linda University, a total of 84 reusable bags were
collected from consumers (25 Los Angeles, 25 San Francisco, and 34 from Tucson). 97% of persons
interviewed did not clean their reusable
o International Center for Food Industry Excellence at Texas Tech University tested 11
reusable bags – 8 used and 3 new. Half of the used bags indicated coliform
contamination, while a quarter of the used bags tested positive for generic E. coli
contamination.5
The use of reusable bags by restaurant patrons increases the owner’s/operator’s liability
because there is a potential for cross-contamination.
Unlike food purchased at the grocery store, restaurant food is typically not prepackaged or
sealed. There can be spills and not all food is completely wrapped up or enclosed in a
container (e.g. fries at quick service restaurants).
2 City of San Jose Bag Ordinance Development, February 2010.
3 US Department of Health and Human Services atwww.FoodSafety.org
4 Health Canada at http://www.hc-sc.gc.ca/fn-an/securit/kitchen-cuisine/reusable-bags-sacs-reutilisable-eng.php and
http://www.halifax.ca/districts/dist08/documents/BeaconSept09.pdf.
5 Research by the International Center for Food Industry Excellence at Texas University at
http://www.wpri.com/dpp/news/12_for_action/reusable-bags-may-carry-contamination
Cupertino City Council Letter
8/7/2012 Study Session
Page 3
Using a new, clean bag is the best way to ensure food is safely transported from the
restaurant. Restaurants should have the freedom of choice to determine what type of bag
works best to maintain the integrity of their product. Paper bags are not always the most
practical choice for restaurants.
Plastic bags are superior to paper bags in protecting against accidental spills and leaks during
transport, whereas the content would just seep through a paper bag. Customers become
disgruntled when food from the bag leaks onto their car, carpet, clothes, etc.
In addition, some types of containers don’t fit as well in paper bags. Whereas plastic bags
conform to the size of the container, paper bags do not. The bottom of paper bags is
generally rectangular-shaped which doesn’t work when you have a standard, large square
container.
Restaurants will tightly pack up food in a plastic bag and use the handles to tie the bag so as
to prevent the food from moving around and spilling. You can’t do this with a paper bag.
Therefore, we urge the City of Saratoga to carefully consider these public health reasons for why
restaurants are in a unique situation and exempt restaurants and other food service establishments
from the ordinance.
Should you have any questions, please contact me at (408) 416-6344 or at jgonzalez@calrest.org.
Sincerely,
Javier González
Director, Government Affairs + Public Policy
621 Capitol Mall, Suite 2000 Sacramento, CA 95814 T: 800.765.4842 F: 916.447.6182
April 1, 2014
Honorable Emily Lo
Mayor of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
DELIVERED VIA EMAIL
Re: Proposed Ordinance to Ban the Use of Expanded Polystyrene Food Foam
Containers: OPPOSED
Dear Mayor Lo and Council Members:
The California Restaurant Association is the definitive voice of the food service industry in
California and is the oldest restaurant trade association in the nation. On behalf of our
restaurant members, we submit this letter of opposition expressing our concern with a
ban on foam food packaging at eating establishments.
First of all, we would like to work collaboratively with the city to address litter and trash by
exploring fiscally and environmentally responsible solutions, none of which is accomplished
by a ban. A ban does not truly address litter and trash issues. By switching from one product
to another, the composition of the trash and litter would change, but the problem does not go
away. For example, the City and County of San Francisco conducted a lit ter audit following
the implementation of its polystyrene ban ordinance. The audit found that a 41% reduction in
polystyrene was offset by an increase of the same percentage of coated paperboard on an item-
by-item basis. Therefore, we believe exploring other options like foam recycling that would
capture not just food packaging, but all foam is a sensible approach that actually results in
waste reduction.
We urge the City Council to take into account the challenges eating establishments would face
such as higher cost and product performance issues with alternative products. With food
prices on the rise and new government mandates (e.g. menu labeling, health care, increases in
local and state government fees, etc.) the cost of doing business is higher than ever. At a time
of so much economic uncertainty, we do not believe it is appropriate to impose greater cost
burdens on the foodservice industry. Restaurants operate under tighter profit margins than
many other businesses – roughly 4 to 6 percent before taxes, according to the National
621 Capitol Mall, Suite 2000 Sacramento, CA 95814 T: 800.765.4842 F: 916.447.6182
Restaurant Association’s Restaurant Industry Operations Report. Restaurants, caterers,
delis, and other food providers will see their operating costs rise, as polystyrene
containers are 2-3 times more affordable than replacement products.
Furthermore, a ban on polystyrene food products would force restaurants to purchase
alternative products that may not perform as well and cost significantly more. Restaurants
should have the freedom of choice to use food service packaging that best meets their
operational needs. Polystyrene packaging is an economical option that performs
extremely well in keeping cold foods cold and warm foods warm. Polystyrene products
are also durable and well insulated and thus hold up well to various types of food to
help prevent accidental leaks and spills.
For all these reasons, we urge the Saratoga City Council that a ban should not be the
only option on the table.
Should you have any questions, please contact me at 408.416.6344 or jgonzalez@calrest.org.
Sincerely,
Javier González
Director, Government Affairs + Public Policy