Legislative Looks &
Policy Peeks

Published August 2023Published August 2023

World Centric tracks policy and legislation related to the foodservice industry in the U.S., Canada and beyond. Here we summarize the most recent legislation affecting our business and customer base.

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Published September 2023

Illinois

Under the Single Use Plastics Reporting Act (Illinois General Assembly - Full Text of Public Act 103-0470 (ilga.gov)), the State of Illinois is working to reduce, and ultimately eliminate, single-use plastic disposable foodservice ware from its locations. An amendment to the Procurement Code states that polystyrene foam foodservice ware will no longer be able to be used or purchased at State owned or leased facilities beginning January 2025; instead, foodservice ware made from compostable or recyclable materials will be required. The following January, vendors providing services at State owned or leased facilities will only be allowed to provide containers made from compostable or recyclable materials. Compostability will be defined using the ASTM 6400 standards.

Published August 2023

Canada: British Columbia (metro Vancouver)

British Columbia announced its firm commitment to eliminate single-use plastic items within the Province starting on December 20, 2023. The Single-Use and Plastic Waste Prevention Regulation will prohibit the use and sale of shopping bags, disposable food service accessories, oxo-degradable plastics and food service packaging made of polystyrene foam, PVC, PVDC, compostable or biodegradable plastics. Learn more here.

Colorado

Starting July 1, 2024, Colorado will require products that are represented as compostable be certified by a credible third party and clearly labeled to be sold or marketed as compostable. It is intended to help reduce consumer confusion about the compostability of products and should significantly reduce contamination in compost by creating a clear standard for labeling compostable products by prohibiting producers of products that are not certified as compostable from labeling, marketing, or advertising them as compostable. Producers of non-certified compostables will be prohibited from using labels, images, or words that could mislead consumers into believing the product is compostable.

Standards For Products Represented As Compostable | Colorado General Assembly

Delaware

Delaware is now on the list of states that have banned polystyrene food containers and single-use plastics. The bill, which goes into effect July 1, 2025 prohibits “food establishments,” including restaurants, caterers and grocery stores from serving food in polystyrene containers or providing plastic straws (unless requested), stir sticks, cocktail or sandwich picks to customers. (https://legiscan.com/DE/text/SB51/2023) (https://legiscan.com/DE/text/SB51/2023)

Rhode Island

Effective January 1, 2024, no food package to which PFAS have been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state.(S2044A.pdf (state.ri.us).

Additionally, beginning January 1, 2025, food establishments in the Ocean State may no longer serve in polystyrene containers or provide plastic beverage stirrers. SB14 (S0014.pdf (rilegislature.gov).

Washington State

Starting January 1, 2024 there will be new labeling requirements for compostable products sold in Washington that include:

• Compostability Claims: A product needs to be comprised of purely of wood/fiber substrate or it must meet ASTM D6400/D6868 standards for compostability. A product should also display the word "compostable," where possible, indicating the product has been tested by a recognized third-party independent body.
• Distinguishable from non-compostables: Compostable products should be easily recognizable by using green, brown or beige labeling, color striping, tinting, marks, design pattern to help consumers and composters readily and easily identify a compostable product.
• Greenwashing Prohibition: WA State Attorney General will pursue any companies that make false or deceptive claims about the compostability of their products. This prohibits the terms, “biodegradable” “oxo-degradable,” or “decomposable.”
• RCW 70A.455.040: Requirements for a product labeled "compostable." (wa.gov)

Published July 2023

Connecticut

2023 is the final year that food packaging that contains intentionally added PFAS can be sold in Connecticut. December 31, 2023 is the cut off for any “package or packaging component that is applied to or in direct contact with any food or beverage” to contain ‘forever chemicals. The purpose of the chemicals in fiber food packaging is to create a barrier to grease and moisture. The regulation also prohibits replacement chemistry from creating as great or greater a risk than the dangers presented with the current intentionally added PFAS chemicals. Read the Legislation

Additionally, Connecticut has a new law to capture food waste starting Jan. 1, 2025. HB664 mandates that businesses that create at least 26 tons of food waste are required to separate it and divert it to be composted in an industrial facility. "Read the Legislation

Minnesota

The omnibus bill included big wins in Minnesota this year. The MN Stat. 325E.046 Standards for Labeling Plastics Bags (https://www.revisor.mn.gov/statutes/cite/325E.046) was amended to apply to food service products and other packaging claiming compostability. The purpose of the bill is to reduce misleading claims about the environmental performance of products; define ‘Compostable’; and require third-party verification for compostable products by 2026.

The Minnesota Composting Council provided strong support for getting these standards passed and hosts details of the law on their website: Advocacy (mncompostingcouncil.org)

Additionally, Minnesota is the front-runner in the mid-west for prohibiting the manufacture, sale or distribution of food packaging that contains intentionally added PFAS beginning January 1, 2024. (211-s0020-1 (mn.gov))

Virgina

Two years from now, Virginia will add its name to the states who say no to foam. HB 1902 (LIS Bill Tracking HB1902 2021 session (virginia.gov)) prohibits any establishment that prepares food for the public to serve to a customer in a single-use, expanded polystyrene food service container defined as: plates, cups, bowls, trays, and hinged containers. Food establishments with 20 or more locations are required to stop using such containers by July 1, 2023. All others must comply by July 1, 2025.

Published June 2023

Vermont

Vermont PFAS in food packaging ban begins on July 1, 2023. Section 1672 of the Chemicals of Concern in Food Packaging statute dis-allows the sale, offering for sale, distribution for sale or use in the State a food package to which PFAS have been intentionally added and are present in any amount. Certificates of Compliance may be requested and the State retains the right to prohibit sales for non-compliance. legislature.vermont.gov/statutes/section/18/033A/01672

Washington

Gov. Jay Inslee signed Senate Bill 5022 into law, limiting the use of unnecessary single-use plastic across Washington state. Introduced by Sen. Mona Das, the law bans the manufacture, sale and distribution of certain expanded polystyrene products, including packing peanuts, foam plastic coolers and foodware (i.e., cups, plate, bowls and clamshell containers). It also requires dining establishments to omit single-use plastic utensils, straws, cold-beverage cup lids and condiment packaging unless requested by customers — this applies to dine-in, takeout or delivery. Finally, the legislation establishes post-consumer recycled-content standards for plastic beverage bottles, personal care products, home cleaning products and trash bags. The passage of SB 5022 makes Washington the first state on the West Coast and seventh U.S. state to ban polystyrene foam food containers. Washington is also the first state to ban foam plastic coolers. RCW 70A.245.010: Definitions. (wa.gov).

California

California passes first sweeping US law to reduce single-use plastic: On June 30, 2022, Governor Gavin Newsom signed SB 54 (Allen, Chapter 75, Statutes of 2022), a landmark new packaging law that requires that by 2032:

• 100% of packaging in the state to be recyclable or compostable
• 25% cut in plastic packaging
• 65% of all single-use plastic packaging be recycled

This bill requires that producers design their packaging to reduce unnecessary waste and be fully recyclable or compostable by 2032. Itl also requires that priority single-use food service ware products like plates, bowls, cups, utensils, stirrers, and straws be source reduced, or manufactured with only recyclable or compostable material by 2032.

“SB 54 is the most significant overhaul of California’s plastics and packaging recycling policy in history, it goes further than any other state on cutting plastics production at the source and continues to build a circular economy that is necessary to combat climate change.” - CA.gov

CA Labeling Law: Assembly Bill 1201 mandates third-party certification of an environmental claim and legislatively incorporates chemical restrictions when making such a claim. Starting January 1, 2024 to sell a plastic product (defined as a consumer product, package or a packaging component; a bag, sack, wrap, or other thin plastic sheet film product; and a food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.) in the state of California that is labeled “compostable” or “home compostable” the product must:

• Be certified by an approved third-party certification entity.
• Not exceed 100 parts per million of total organic fluorine (aka PFAS free)
• Be labeled to distinguish the product from a non-compostable product; and
• Be “designed to be associated with the recovery of desirable organic wastes”

Fiber products that do not incorporate any plastics or polymers, including through lamination, extrusion, or mixing, are exempt.

Connecticut

An Act Concerning the Use of PFAS Substances in Class B Firefighting Foam, banned the use of PFAS-containing firefighting foam in October of 2021.The second part of the ban goes fully into effect at the end of this year. No food packaging that contains intentionally added PFAS can be sold in the state. Certificates of compliance are only needed upon request https://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp

Illinois

Upon signature by the governor, Illinois SB 0058 says that state agencies and departments will not purchase disposable food service containers that are entirely or partially made from polystyrene foam, commonly called Styrofoam, starting Jan. 1, 2025. Vendors that contract with state agencies may not distribute foam products starting on Jan. 1, 2026, or at the renewal of their next contracts, whichever occurs later. Instead, vendors will be required to offer customers only compostable or recyclable food ware.

Canada

On June 22, 2022, the Government of Canada published the Single-use Plastics (SUP) Prohibition Regulations. The purpose of the Regulations is to prevent plastic pollution by eliminating or restricting the six categories of SUPs that pose a threat to the environment. The Regulations prohibit the manufacture, import and sale of:

• Checkout bags
• Cutlery
• Foodservice ware containing expanded or extruded polystyrene, polyvinyl chloride, oxo-degradeable or black plastic made with carbon black
• Ring carriers
• Stir sticks
• Straws

The Government of Canada has enacted the Regulations to protect the environment, make it easier for Canadians to enjoy the benefits of clean natural areas, and help foster the transition to a circular economy.

The City of Montreal signed a more strict by-law in March 2023 which bans certain single-use plastic items within the city of Montréal only. This by-law prohibits the distribution of several single-use plastics in Montréal grocery stores and restaurants, whether for on-site consumption, take-out or delivery. Single-use plastic is defined as a “plastic item that is used to package or consume a food item, distributed individually and intended to be used only once or for a short period of time before being discarded or recycled." Items that are prohibited include all plastic food service items, both petroleum based (i.e. PET/PP) and bioplastic based (i.e. PLA/TPLA):

Plastics and Polystyrene Examples

Single-use Plastics	Polystyrene (no.6) and compostable plastics (no.7)
All plastics, including bioplastics	Plates
Cups	Containers
Glasses	Lids
Stirring Sticks	Trays (except those used for raw meat & fish)
Straws	Utensils for take-out and delivery