HomeMy WebLinkAboutHandouts_Environmental Advisory Committee_2/10/2022ARTICLE XIV: POLYSTYRENE FOAM WASTE REDUCTION ORDINANCE
Sec.15-138. Purpose.
The City of Boynton Beach has a duty to protect the natural environment, the economy, and the health of its residents.
The purpose of this article is to regulate the use and distribution of polystyrene foam and other single -use plastic products
on city property in order to lead by example, protect the health of Boynton Beach residents, and promote sustainable
practices within the city.
(Ord. No. 21-012, § 2, 4-20-21)
Sec.15-139. Definitions.
For the purpose of this article, the following words and phrases shall have the following meanings:
Balloon. A flexible, nonporous bag made from materials such as rubber, latex, foil, metal, polychloroprene, Mylar, or nylon
fabric that can be inflated or filled with air, water, or gas such as helium, hydrogen, nitrous oxide, or oxygen.
City contractor. A contractor, vendor, lessee, licensee, programming partner, or permittee of the city that uses, works at or
on, provides services to or at, or undertakes construction in a city facility or on city property; or an operator or manager of a
city facility or city property.
City facility. Any building, structure, or vehicle owned or operated by the city.
City property. Any land owned or managed by the city.
Confetti. Small pieces or streamers of plastic, paper, Mylar, or metallic material that are thrown or scattered during festive
occasions.
Food ware. All containers, bowls, plates, trays, cups, lids, and other like items that are designed for one-time use for
serving or distributing food or drink.
Person. An individual, trust, firm, or company, including a government corporation, partnership, or association.
Polystyrene foam. Blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer
spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion -blown molding (extruded foam
polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and
egg cartons, and is commonly but often incorrectly referred to as "styrofoam."
Temporary vendor. Any person or entity issued a temporary permit by the city to provide or sell food on city property or in a
city facility, including but not limited to special events permits issued by the city for a special event on city property or in a
city facility.
Unencapsulated polystyrene foam product. Any item that is made, in whole or part, from polystyrene foam and that is not
wholly encapsulated or encased within a more durable material. These items include but are not limited to polystyrene foam
coolers, ice chests, pool toys, and beach toys.
(Ord. No. 21-012, § 2, 4-20-21)
Sec. 15-140. Prohibition of the use and distribution of polystyrene foam products, balloons, and
confetti by city contractors and temporary vendors.
(a) City contractors and temporary vendors shall not sell, use, provide food in, or offer the use of polystyrene foam food
ware or unencapsulated polystyrene foam products in city facilities or on city property.
(b) City contractors and temporary vendors shall not use city funds to purchase polystyrene foam food ware or
unencapsulated polystyrene foam products.
(c) City contractors and temporary vendors shall not sell, use, or offer the use of balloons or confetti in any outdoor area
of city property.
(d) The provisions of this section shall be incorporated into all contracts, leases, special event permits, and concession
agreements entered into or renewed after April 20, 2021, and may be incorporated by reference requiring compliance with all
laws, rules, and ordinances of the city. A violation of this section shall be deemed a material default under the terms of the
contract, lease, or concession agreement and is grounds for revocation of a special event permit.
(e) Exceptions. This section shall not apply to:
(1) Prepackaged foods that have been filled and sealed prior to receipt by the city contractor or temporary vendor,
including products used for the storage of raw meat, pork, poultry, eggs, fish, and seafood.
(2) Any city contract, lease or concession agreement entered into prior to April 20, 2021 or any temporary permit issued
prior to April 20, 2021, which shall not be subject to the requirements of this section, unless the city contractor or temporary
vendor voluntarily agrees to comply with this section.
(Ord. No. 21-012, § 2, 4-20-21)
Sec. 15-141. Prohibition of the use of polystyrene foam products, balloons, and confetti on city
property.
(a) No person shall use polystyrene foam food ware or unencapsulated polystyrene foam products on city property or in
any city facility.
(b) No person shall use balloons or confetti in any outdoor area of city property.
(c) The provisions of this section shall be incorporated into the city's facility rental policies and any related rental
agreements entered into or renewed after April 20, 2021, and may be incorporated by reference requiring compliance with all
laws, rules, and ordinances of the city.
(Ord. No. 21-012, § 2, 4-20-21)
Sec. 15-142. Penalties and enforcement.
(a) Following adoption of this article, the city shall engage in public education efforts to inform affected persons and
entities of the provisions of this article and to provide assistance with identifying environmentally friendly alternatives to the
prohibited items.
(b) Beginning 12 months after April 20, 2021, the city shall enforce all provisions of this article and shall continue to
engage in public education.
(c) Violations of the provisions of this article by city contractors and temporary vendors shall be on a per occurrence basis
and subject to the following penalties:
(1) First violation: written warning;
(2) Second violation: $25 fine;
(3) Third and subsequent violations: $50 fine.
(4) These penalties shall be in addition to enforcement of any contract remedy or termination proceeding of any city
contract, concession or lease.
(Ord. No. 21-012, § 2, 4-20-21)
REVISED 6/3/2021
1 5580
2 AN ORDINANCE OF THE CITY OF BOCA RATON
3 AMENDING CHAPTER 9, CODE OF ORDINANCES,
4 "MISCELLANEOUS OFFENSES," BY CREATING ARTICLE
5 VII, "WASTE REDUCTION," TO PROHIBIT POLYSTYRENE
6 FOAM PRODUCTS, BALLOONS, AND CONFETTI ON CITY
7 PROPERTY (AS MORE PARTICULARLY PROVIDED);
8 AMENDING SECTION 9-60, "SUPPLEMENTAL CODE
9 ENFORCEMENT PROCEDURES," TO PROVIDE FOR
10 ENFORCEMENT; PROVIDING FOR SEVERABILITY;
11 PROVIDING FOR REPEALER; PROVIDING FOR
12 CODIFICATION; PROVIDING AN EFFECTIVE DATE
13
14 WHEREAS, the City of Boca Raton has a duty to protect city facilities, city property, the
15 natural environment, the economy, and the health of its citizens; and
16 WHEREAS, the City's Sustainability Action Plan calls for the reduction of litter and
17 plastic pollution within the City; and
18 WHEREAS, polystyrene foam represents a significant source of litter on the City's
19 beaches and in City facilities, parks, and waterways; and
1 WHEREAS, polystyrene foam, a petroleum based plastic material, commonly though
2 often incorrectly referred to as "Styrofoam," is an environmental pollutant that is commonly used
3 for packaging foods and in food service ware, is difficult or impossible to recycle, is not
4 compostable, and according to the U.S. Environmental Protection Agency can have serious
5 impacts upon human health, wildlife, aquatic environment, and the economy; and
6 WHEREAS, polystyrene foam may break down in the marine environment into smaller
7 pieces called microplastics which do not biodegrade and which negatively impact water quality
8 and harm marine life that often mistake microplastics for food; and
9 WHEREAS, balloons are common sources of litter, sometimes even far from their use
10 site; and
11 WHEREAS, confetti is produced in a size that makes it difficult to collect for proper
12 disposal and thus can easily become litter; and
13 WHEREAS, due to health and environmental concerns, many cities in the United
14 States have enacted bans on polystyrene foam products, balloons, and confetti, including
15 municipalities in Florida; and
16 WHEREAS, section 500.90, Florida Statutes, generally preempts to the State of Florida
17 the regulation of polystyrene foam products, but expressly authorizes local governments to
18 regulate the use of polystyrene foam products by individuals on public property, by temporary
19 vendors on public property, or by entities engaged in a contractual relationship with the local
20 government for the provision of goods or services; now therefore
21 THE CITY OF BOCA RATON HEREBY ORDAINS:
22 Section 1. Chapter 9, "Miscellaneous Offenses," is hereby amended by creating new
23 Article VII, "Waste reduction."
I�
1 ARTICLE VII. — WASTE REDUCTION.
2 Section. 9-108. — Purpose.
3 It is the intention of the city to protect the health and wellbeing of city residents, to
4 support sustainable practices, and to reduce the negative impacts of polystyrene foam food ware,
5 unencapsulated polystyrene foam products, balloons, and confetti on city property and the natural
6 environment. Negative impacts include, but are not limited to, creation of litter and marine debris,
7 wildlife impacts, blockage of stormwater drains, the breeding of mosquitos, and negative
8 aesthetics in the city.
9 Section. 9-109. — Definitions.
10 "Balloon" means a flexible nonporous bag made from materials such as rubber, latex,
11 foil, metal, polychloroprene, stretched polyester film (such as Mylar), or nylon fabric that can be
12 inflated or filled with air, water, or gas.
13 "City property" shall mean any real property owned or managed by the city, but shall
14 not include public roads, sidewalks, swales, or rights of way.
15 "Confetti" shall mean small pieces plastic, paper, Mylar, or metallic material that is
16 generally used, thrown, or scattered during festive occasions.
17 "Polystyrene foam" shall mean blown polystyrene and expanded and extruded foams
18 that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any
19 number of techniques, including but not limited to, fusion of polymer spheres (expandable bead
20 polystyrene), injecting molding, foam molding, and extrusion -blown molding (extruded foam
21 polystyrene. Polystyrene foam is commonly used to make disposable cups, bowls, plates, trays,
22 clamshell containers, meat trays, and egg cartons and is commonly though often incorrectly
23 referred to by the trademark name "Styrofoam."
24 "Polystyrene foam products" shall mean products made from polystyrene foam that are
25 designed for distributing food or drink, such as containers, bowls, plates, trays, cups, and lids and
26 which are intended to be disposable and polystyrene foam coolers/ice chests that are not wholly
3
1 encapsulated or encased within a more durable material.
2 "Temporary vendor" shall mean a person or entity who is contracted to sell or distribute
3 food and/or drink on city property.
4 Section. 9-110. — Prohibition of the sale or distribution of polystyrene foam products.
5 (1) Use of polystyrene foam products is discouraged on city property.
6 (2) Temporary vendors:
7 (a) Temporary vendors are prohibited from selling or distributing food/drink packaged
8 in polystyrene foam products on city property.
9 (b) Every temporary vendor entering into a contract, lease, rental agreement, or other
10 agreement with a third party for the provision of goods or services, or for an event, on city property,
11 shall include in such agreement reference to the prohibitions in this section.
12 (c) A violation of any prohibition or requirement of this section shall be grounds for
13 revocation by the city of a temporary vendor contract.
14 (3) The prohibitions in this section shall be suspended during a city -declared state of
15 emergency.
16 Section 9-111. — Prohibition of balloons and confetti.
17 Balloons and confetti are prohibited in outdoor areas on city property.
18 Section 2. Section 9-60, "Supplemental code enforcement procedures," is hereby
19 amended to read as follows:
20
21 (2) Supplemental procedures. Enforcement of the following provisions of the Code
22 pursuant to the provisions of this article is hereby authorized:
23 (a) Section 4-2, "Hours of operation;"
24
25 (c) Section 7-26, "Codes —Adopted;"
26 (d) Section 9 110 "Prohibition of the sale or distribution of polystyrene foam products;"
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(e) Section 9-111 "Prohibition of balloons and confetti"
[Note to Codifier.- current subsections (d) through (bb) are hereby renumbered as subsections (f)
through (dd).]
Section 3. If any section, subsection, clause, or provision of this ordinance is held
invalid, the remainder shall not be affected by such invalidity.
Section 4. All ordinances and resolutions or parts of ordinances and resolutions and
all section and parts of sections in conflict herewith shall be and hereby are repealed.
Section 5. Codification of this ordinance in the Code of Ordinances is hereby
authorized and directed.
Section 6. Section 1 of this ordinance shall take effect immediately upon adoption;
Section 2 of this ordinance shall take effect on January 1, 2023.
PASSED AND ADOPTED by the City Council of the City of Boca Raton this day
of .2021.
ATTEST:
Mary Siddons, City Clerk
CITY OF BOCA RATON, FLORIDA
Scott Singer, Mayor
Approved as to form. -
Diana Grub Frieser
City Attorney
021409clean
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COUNCIL MEMBERS YES NO ABSTAINED
MAYOR SCOTT SINGER
DEPUTY MAYOR ANDREA LEVINE O'ROURKE
COUNCIL MEMBER YVETTE DRUCKER
COUNCIL MEMBER MONICA MAYOTTE
COUNCIL MEMBER ANDY THOMSON
TAKE ACTION ON
PLASTICS
VISIT PLASTICFREEFL.ORC
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Trevor Walls
Department of Agriculture and Consumer Services
Division of Food Safety
3125 Conner Blvd., Ste. D
Tallahassee, FL 32399
September 22, 2021
Dear Mr. Walls,
We, the undersigned, strongly urge the Florida Department of Agriculture and
Consumer Services, Division of Food Safety to adopt and implement a rule to phase out the
sale and distribution of polystyrene packaging in food establishments, including relevant
provisions in F.A.C. 5K-4.020, 5K-4.035 and 5K-4.045.
The Division of Food Safety is directly responsible for assuring the public of a safe food supply,
from manufacturing and distribution to retail. Phasing out the sale and distribution of
polystyrene foodware is needed in Florida because of polystyrene's impact on human
health. Research has found that styrene can leach out of polystyrene containers at all
temperatures, but even more so when heated (Amirshaghaghi et al., 2011; Genualdi et al.,
2014; Hahladakis et al., 2018; Lestido-Cardama et al. 2020). Styrene and other toxic chemicals
found in polystyrene have been identified in foods that come packaged in it, as well as in human
blood and urine (Capella et al. 2019; Hahladakis et al. 2018; Lestido-Cardama et al. 2020). In a
recent study, certain polystyrene foodware was found to leach chemicals that were toxic to cells
(Zimmerman et al. 2019).
A 2018 American Academy of Pediatrics (AAP) report stated that parents should avoid
plastics made of polystyrene — indicated by recycling code No. 6 — due to their health
risks (Trasande et al 2018). Styrene, the major building block of polystyrene, is a suspected
carcinogen, according to both the International Agency for Research on Cancer and the National
Iuzicolov Pro r►� �itll (Huff and Infante 2011). In fact, the World Health Organization in 2018
reclassified styrene from a "possible carcinogen" to a "probable carcinogen" (Aarhus University,
2018).
Brominated flame retardants, which are recognized as endocrine disruptors, have been detected
in consumer polystyrene products, including foodware (Rani et al. 2014). These flame retardants
are added to polystyrene foam to counter its extreme flammability, and detections
in foodware raise a troubling concern about exposure to these persistent toxic chemicals.
Endocrine -disrupting chemicals (EDCs), like brominated flame retardants, are linked to
reproductive problems, including low sperm counts, infertility, early puberty and chromosomal
abnormalities passed onto children, as well as inflammation, thyroid and neurological
disorders, and several chronic diseases (Flaws et al. 2020). The AAP said children are at
particular risk when exposed to these chemicals: "The potential for endocrine system disruption
is of great concern, especially in early life, when developmental programming of organ systems
is susceptible to permanent and lifelong disruption."
Recently, environmental and reproductive epidemiologist Shanna Swan and journalist Stacey
Colino co-authored a book about the impact of endocrine -disrupting chemicals on the human
reproductive system. They detailed warnings about toxic kitchen chemicals and food
packaging. Their advice is to avoid No. 6 polystyrene, which is consistent with the American
Academy of Pediatrics' messaging noted above.
The economic cost of exposure to hormone -disrupting chemicals in the U.S. population is
estimated at $340 billion a year due to the disease and dysfunction they cause (Attina et al.
2016).
According to the Center for International Environmental Law (CIEL), plastic, including
polystyrene, poses risks to human health at every stage of its lifecycle, from extraction of fossil
fuels to consumer use, disposal and beyond. A 2019 CIEL report stated that "significant,
complex and intersecting human health impacts occur at every stage of the plastic lifecycle: from
wellhead to refinery, from store shelves to human bodies, and from waste management to
ongoing impacts of microplastics in the air, water and soil." Exposure to plastic's toxic chemicals
has been linked to cancers, reproductive and nervous system disorders, obesity, diabetes, birth
defects, impaired immunity, endocrine disruption and more.
When polystyrene is exposed to nature's elements, it starts breaking up into smaller and smaller
pieces, known as microplastic. Microplastics now contaminate our food water, air and soil. A
growing body of research is documenting plastic and the toxic chemicals associated with it in
human blood, feces and tissues.
Colorado, Maine, Maryland, New Jersey, New York, Vermont, Virginia, Washington and the
District of Columbia have passed policies to reduce the use of polystyrene foam. More
information can be found on the Surfrider policy map, which shows there are over 268 local and
state polystyrene foam laws nationwide. These states, cities and counties have paved the way for
new markets for alternative materials at cost-effective rates for vendors.
More than 20 municipalities in the state of Florida have already passed some type of ordinance
reducing or eliminating polystyrene foam, and more have passed resolutions and internal
purchasing policies.
For businesses, the economic impacts of switching to alternative products often range from
minimal to net positive as a result of growing demand continuing to drive down the price of
alternative materials, some of which are now comparable or even cheaper than conventional
materials. Additionally, there is evidence that customers are unlikely to stop frequenting a
business as a result of price increases necessary to cover the additional cost of alternative
materials (typically in the order of a few cents). In fact, a 2020 survey showed that 74% of
consumers are willing to pay more for environmentally friendly packaging, and nearly one-
fourth are willing to pay for an increased cost of 10% or more. To further reduce cost and
waste, businesses can encourage customers to bring their own reusable containers.
We, the undersigned, support this Florida DACS Rulemaking to phase out polystyrene in
an effort to protect human health. However, we recommend a shorter timeline for
implementation of the rule with a higher percentage of reduction required sooner than currently
outlined. These types of policies are already implemented and functioning in many states and
municipalities across the nation.
Thank you for your efforts on this important rulemaking
Sincerely,
Oceana
1000 Friends of Florida
Surfrider Foundation
Waterkeepers Florida
VolunteerCl eanup.org
Turtle Island Restoration Network
Toxic -Free Future
The Alliance of Nurses for Healthy Environments
Sierra Club Florida
Sea Turtle Conservancy
Safer Chemicals Healthy Families
Rethinking Plastic
Mind the Store
Greenpeace USA
Friends of the Everglades
Florida PIRG
Florida Keys Environmental Coalition
Environment Florida
Debris Free Oceans
Climate Reality Project, Boca Raton Chapter
Beaches Go Green
Aquatics for Life
Literature cited
• Aarhus University (2018) After 40 years in limbo: Styrene is probably carcinogenic. In:
ScienceDaily. Available:
https://www.sciencedaily.com/releases/2018/05/180530113105.htm. Accessed May 24,
2019.
• Amirshaghaghi Z, Djomeh ZE and Oromiehie A (2011) Studies of Migration of Styrene
Monomer from Polystyrene Packaging into the Food Simulant. 8: 7.
• Attina TM, Hauser R, Sathyanarayana S, et al. (2016) Exposure to endocrine -disrupting
chemicals in the USA: a population -based disease burden and cost analysis. The Lancet
Diabetes &
• Endocrinology 4: 996-1003. doi: 10.1016/S2213-8587(16)30275-3
• Capella KM, Roland K, Geldner N, et al. (2019) Ethylbenzene and styrene exposure in the
United States based on urinary mandelic acid and phenylglyoxylic acid: NHANES 2005-
2006 and 2011-2012. Environmental Research 171: 101-110. doi:
10.1016/j . envres.2019.01.018
• Flaws J, Damdimopoulou P, Patisaul HB, et al. (2020) PLASTICS, EDCs & HEALTH.
Sweden: IPEN; Endocrine Society. 92p.
• Genualdi S, Nyman P and Begley T (2014) Updated evaluation of the migration of styrene
monomer and oligomers from polystyrene food contact materials to foods and food
simulants. Food Additives & Contaminants: Part A 31: 723-733. doi:
10.1080/ 19440049.2013.878040
• Hahladakis JN, Velis CA, Weber R, Iacovidou E and Purnell P (2018) An overview of
chemical additives present in plastics: Migration, release, fate and environmental impact
during their use, disposal and recycling. Journal of Hazardous Materials 344: 179-199. doi:
10.1016/j . j hazmat.2017.10.014
• Huff J and Infante PF (2011) Styrene exposure and risk of cancer. Mutagenesis 26: 583-584.
doi: 10.1093 /mutage/ger03 3
• Kedzierski M, Lechat B, Sire O, et al. (2020) Microplastic contamination of packaged meat:
Occurrence and associated risks. Food Packaging and Shelf*Life 24: 100489. doi:
10. 101 6/j.fpsl.2020.100489
• Lestido-Cardama A, Send6n R, Bustos J, Lomo ML and Losada PP (2020) Dietary Exposure
Estimation to Chemicals Transferred from Milk and Dairy Products Packaging Materials in
Spanish Child and Adolescent Population.: Foods: 22.
• Rani M, Shim WJ, Han GM, et al. (2014) Hexabromocyclododecane in polystyrene
based consumer products: An evidence of unregulated use. Chemosphere 110: 111-119. doi:
10.1016/j . chemosphere.2014.02.022
• Trasande L, Shaffer RM and Sathyanarayana S (2018) Food Additives and Child Health:
Policy Statement. PEDIATRICS 142: 10.
• Zimmermann L, Dierkes G, Ternes TA, Volker C and Wagner M (2019) Benchmarking the
in Vitro Toxicity and Chemical Composition of Plastic Consumer Products. Environmental
Science & Technology: acs.est.9b02293. doi: 10.1021/acs.est.9b02293
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Exhibit 2
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PROPOSED
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
PERTAINING TO POLYSTYRENE, SINGLE -USE PLASTIC
PRODUCTS, AND LITTER PREVENTION ON COUNTY
PROPERTY; CREATING PART XXX AND
SECTIONS 27.171 THROUGH 27.174 OF CHAPTER 27 OF
THE BROWARD COUNTY ADMINISTRATIVE CODE
("ADMINISTRATIVE CODE"); ESTABLISHING POLICIES
RESTRICTING THE USE OF POLYSTYRENE AND SINGLE -
USE PLASTICS ON COUNTY PROPERTY AND
PREVENTING LITTER; AND PROVIDING FOR
SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE
CODE, AND AN EFFECTIVE DATE.
WHEREAS, Broward County's Climate Change Action Plan calls for the reduction
of plastic waste on County property, in County contracts, and at County events;
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
"Styrofoam," is neither readily recyclable nor biodegradable;
WHEREAS, polystyrene and single -use plastic products pose a threat to wildlife,
waterways, and ecosystems, and contaminate the public drainage system as they create
litter and impede waste reduction and recycling goals;
WHEREAS, the waters surrounding the County support threatened and
endangered species such as the West Indian manatee, and beaches within the County
support shorebird species and are designated nesting habitats for the protected
loggerhead, green, and leatherback sea turtles, which are vulnerable to polystyrene and
plastic wastes harming their health and habitat;
and
WHEREAS, the County has a duty to protect County facilities and County property;
Coding: Words in s#FUGk through type are deletions from existing text. Words in
underscored type are additions.
Exhibit 2
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WHEREAS, restricting the use of polystyrene and single -use plastic products on
County property will reduce litter in the environment and is in the best interest of the health
and well-being of County employees, residents, visitors, and natural systems, NOW,
THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. Part XXX and Sections 27.171 through 27.174 of Chapter 27 of the
Broward County Administrative Code are hereby created to read as follows:
[Underlining omitted]
PART XXX. RESTRICTIONS ON USE OF POLYSTYRENE AND SINGLE -USE
PLASTICS ON COUNTY PROPERTY; LITTER PREVENTION
27.171. Definitions.
Balloon means a flexible nonporous bag made from materials such as rubber,
latex, foil, metal, polychloroprene, stretched polyester film (such as Mylar), or nylon fabric
that can be inflated or filled with air, water, or other gases or liquids.
Confetti means small pieces of plastic, paper, Mylar, or metallic material that are
generally used, thrown, or scattered during festive occasions.
County means Broward County, Florida, a political subdivision of the State of
County contractor means a food service -related contractor, vendor,
concessionaire, or lessee of the County.
Coding: Words in stFUE;k threugh type are deletions from existing text. Words in
underscored type are additions.
2
Exhibit 2
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1 County permittee means any person or entity issued a special event permit or
2 temporary use permit by the County for a special event or temporary use on County
3 property.
4 County property means land, waterways, lakes, or facilities owned, operated, or
5 managed by the County.
6 Distribute means to sell, use, offer for sale or use, or provide for sale or use.
7 Expanded polystyrene means blown polystyrene and expanded and extruded
8 foams that are thermoplastic petrochemical materials utilizing a styrene monomer and
9 processed by any number of techniques including, but not limited to, fusion of polymer
10 spheres (expandable bead foams), injection molding, foam molding, and extrusion -blown
11 molding (extruded foam polystyrene), commonly known as "Styrofoam."
12 Expanded polystyrene food service articles means plates, bowls, cups, containers,
13 lids, trays, coolers, ice chests, and all similar articles that consist of expanded
14 polystyrene.
15 Food service provider means a person or entity that provides food directly to the
16 consumer, regardless of whether such food is i) sold or provided free of charge, ii)
17 consumed on or off County property, or iii) provided from a pushcart, stand, or vehicle.
18 Food service providers shall include, but are not limited to, chain food service providers,
19 restaurants, fast food restaurants, cafes, sidewalk cafes, delicatessens, coffee shops,
20 grocery stores, markets, supermarkets, drug stores, pharmacies, bakeries, caterers, gas
21 stations, vending trucks or carts, and cafeterias.
22 License means an agreement for access to and use of County property.
23 Licensee means a person or business entity that enters into a License with the
24 County.
Coding: Words in stFu(3k-thFeugh type are deletions from existing text. Words in
underscored type are additions.
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Plastic means a synthetic material derived from petroleum or a biologically based
source.
Plastic straw means a tube, made predominantly or entirely of plastic, that is
intended for transferring a beverage from its container to the mouth of the drinker or for
mixing a beverage in its container.
Plastic stirrer means a device that is made predominantly or entirely of plastic,
used to mix beverages, and intended for only one-time use.
Polystyrene means a thermoplastic polymer or copolymer comprised of at least
eighty percent (80%) styrene or para-methylstyrene by weight (PS, #6).
Reusable materials means manufactured products that are durable, washable
items, often not discarded, and can be used multiple times.
Single -use plastic products means food service -related products that are designed
to be used only once in the same form and then disposed of or destroyed. For purposes
of this policy, single -use products are plastic straws and plastic stirrers, as defined herein.
Unencapsulated expanded polystyrene products means polystyrene products that
are not fully contained and enclosed in plastic/rubber (including, but not limited to, packing
materials "peanuts," coolers and ice chests, and pool or beach toys).
27.172. Restrictions.
(a) Expanded polystyrene food service articles, unencapsulated expanded
polystyrene products, single -use plastic beverage straws, and single -use plastic stirrers
may not be purchased by the County or sold or distributed on County property by the
County, its vendors, contractors, licensees, or permittees.
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(b) No individual shall use or distribute any expanded polystyrene food service
article, unencapsulated expanded polystyrene product, single -use plastic beverage
straw, or single -use plastic stirrer on any County property.
(c) Balloons, confetti, and sky lanterns (also known as Chinese lanterns) are
not allowed in any outdoor area on County property. The intentional release of balloons,
confetti, or sky lanterns from County property is prohibited.
27.173. Implementation Policy.
(a) Applicable contracts, licenses, and permits shall include a provision that
expanded polystyrene products (including, but not limited to, expanded polystyrene food
service articles), single -use plastic beverage straws, and single -use plastic stirrers may
not be sold or distributed on County property.
(b) The County may revoke or cancel any permit or license for noncompliance
with this policy and may use past noncompliance as grounds for not renewing or reissuing
a permit or license. Where applicable under the terms of a contract, the County may
pursue appropriate contractual remedies for noncompliance with this policy, including
termination and/or preclusion or debarment from future County contracts.
(c) This policy applies to new contracts solicited or entered into, contracts
renewed, and permits or licenses granted, after May 1, 2022.
(d) The use of reusable materials on County property is strongly encouraged.
27.174. Exemptions.
The following shall be exempt from application of this policy:
(a) Expanded polystyrene food service articles, used for prepackaged food,
that have been filled and sealed prior to receipt by the food service provider or store.
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1 (b) Expanded polystyrene food service articles used to store raw meat, pork,
2 fish, seafood, or poultry sold from a butcher case or similar refrigerated retail display or
3 storage case.
4 (c) Upon request, provision of a beverage with a single -use plastic beverage
5 straw to an individual with a disability or medical condition that impairs the consumption
6 of beverages without a single -use plastic beverage straw.
7 (d) Single -use plastic beverage straws and single -use plastic stirrers used for
8 prepackaged beverages that have been filled and sealed prior to receipt by the food
9 service provider or store.
10 (e) Airlines operating at Fort Lauderdale -Hollywood International Airport and
11 North Perry Airport, except airline -operated lounges or concessions within a terminal at
12 those airports.
13 (f) Vessels of any type berthed at Port Everglades or adjacent cruise terminals,
14 including when the products are taken off a cruise ship for use within the terminal, but not
15 land -based concessions and operators at Port Everglades.
16 (g) Life preserver rings.
17 Section 2. Severability.
18 If any portion of this Administrative Code Resolution is determined by any court to
19 be invalid, the invalid portion will be stricken, and such striking will not affect the validity
20 of the remainder of this Administrative Code Resolution. If any court determines that this
21 Administrative Code Resolution, in whole or in part, cannot be legally applied to any
22 individual, group, entity, property, or circumstance, such determination will not affect the
23 applicability of this Administrative Code Resolution to any other individual, group, entity,
24 property, or circumstance.
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Exhibit 2
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Section 3. Inclusion in the Broward County Administrative Code.
It is the intention of the Board of County Commissioners that the provisions of this
Administrative Code Resolution become part of the Broward County Administrative Code
as of the effective date. The sections of this Administrative Code Resolution may be
renumbered or relettered and the word "resolution" may be changed to "section," "article,"
or such other appropriate word or phrase to the extent necessary in order to accomplish
such intention.
Section 4. Effective Date.
This Administrative Code Resolution is effective on May 1, 2022.
ADOPTED this day of
Approved as to form and legal sufficiency:
Andrew J. Meyers, County Attorney
By /s/ Michael C. Owens 01 /11 /2022
Michael C. Owens (date)
Senior Assistant County Attorney
By /s/ Maite Azcoitia 01 /11 /2022
Maite Azcoitia (date)
Deputy County Attorney
MCO/gmb
Polystyrene and Plastics Use on County Property Reso.docx
01 / 11 /2022
#70056-0061
, 2022. PROPOSED
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