Dear Food Provider Owner, Manager, Purchaser or Green Leader,

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1 Dear Food Provider Owner, Manager, Purchaser or Green Leader, We are a coalition of community partners reaching out to help with your transition to comply with the City of Monterey s updates to their City Code on disposable food service ware. The ordinance (found at was passed by the City Council in December and goes into effect April 22, It requires food purveyors to stop using plastics that are not recyclable. All service ware such as take-out lids, containers, and utensils must be made of compostable material. Straws must be paper, pasta based or reusable. Reusable service-ware must be provided for dine in customers. This Toolkit is designed to help identify acceptable alternatives, offer best practices and tips to preparing your staff and messaging to your customers. TOOLKIT MENU City of Monterey Code Update Frequently Asked Questions Compliant Products Talking Points for Wait Staff Messaging to Customers Surfrider Ocean Friendly Restaurants Please direct suggestions or questions to the contacts included in the Toolkit. We appreciate your leadership in making Monterey a model eco-tourist destination around the nation and world. This toolkit, and updates to it, can be found online at and

2 CITY OF MONTEREY CODE UPDATE: DISPOSABLE FOOD SERVICE WARE I n f o r m a t i o n f o r F o o d P r o v i d e r s Effective April 22, 2019 Applies to: Food providers, city facilities, city contractors, and special event participants PERMITTED Non-PLA (polylactic acid) compostable straws (paper, pasta, sugarcane) Reusable straws (metal, silicone, bamboo, glass) Reusable or compostable stirrers (bamboo) DINE-OUT ONLY Plastic #1 or #2 to-go containers Compostable to-go containers (PLA, paper, sugarcane) Compostable utensils (bamboo, PLA) Compostable cups and lids (wheat straw, PLA) Permitted alternative materials include but are not limited to examples provided. Exemption: A plastic straw shall PROHIBITED be provided to individuals selfidentifying as having a disability Plastic straws, utensils, stirrers, cup lids making the use of a plastic - PLA or bioplastic straws straw necessary. - Plastic containers #3, #4, #5, and #6 - Any disposable food service ware for dine-in customers (must be reusable) GENERAL REMINDERS All compostable products must meet the standards of the Monterey City Code, Chapter 14, Article 3 at PLA products may be placed in the food waste recycling or garbage and all food soiled cardboard must be placed in the garbage not the recycling bin. When in doubt about whether a product is recyclable, consult the What Goes Where app or Questions? Contact the Sustainability Office - MontereyRecycles.org Mallory Pankretz, or Ted Terrasas,

3 Frequently Asked Questions Monterey s Disposable Food Service Ware Ordinance Why is Monterey adding this ordinance to the City code? Through this updated ordinance on reducing plastics, the City of Monterey joins a growing number of cities around the world in addressing the plastic pollution crisis in our seas. Plastic straws and service ware included in the ordinance comprise 4 of the top 5 trash items found on local beaches. These single-use plastic items are not, and never have been, recyclable, and they last hundreds of years in the environment. In the ocean, they are mistaken as food resulting in killing marine life and even entering our food chain. With the privilege of our living and doing business in the beautiful backdrop of Monterey Bay s Marine Sanctuary, comes a responsibility to be a model for the rest of the world on how we protect this destination for future generations. Monterey s City ordinance builds upon the CA state law (AB1884) passed last year and in effect Jan , requiring all dine-in restaurants to serve plastic straws only on request. This update also builds upon Monterey s existing code to prohibit use of polystyrene foam. Who does the ordinance apply to? The ordinance applies to food providers, City contractors and special event participants in the City of Monterey. A food provider means any vendor located or providing food within the City which provides prepared food on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, food/catering truck or vehicle, including vendors located outside of the City when delivering prepared food in the City. Are there any exemptions for businesses? A person may apply for an exemption from the City Code requirements for disposable food service ware for one nonrenewable one-year period. The application must be in writing and must include all information necessary for the Director (Kim Cole, 580 Pacific Street, Monterey, CA or cole@monterey.org) to make a determination, including but not limited to a statement of the supporting facts made under penalty of perjury, documentation showing factual support for the exemption and recommended City actions that would facilitate compliance. The Director may require the applicant to provide additional information and may deny the application if the applicant fails to provide it. Also, when providing dine-out services, there may be an exemption from using or distributing disposable food service ware that is compostable or recyclable if no affordable alternative (a compostable or recyclable product that costs up to 15 percent more than the purchase cost of the non-compostable or non-recyclable alternative(s)) though this exception shall not permit the use or distribution use of a plastic straw.

4 What items are prohibited? This update to the City code adds plastic straws and food service-ware to the current list of prohibited items made with polystyrene foam. Food service ware is defined as products by food providers for consuming, packaging, serving and transporting ready-to-consume food and beverages, including, but not limited to, utensils, straws, beverage stirrers, condiment picks, plates, bowls, cups, cup lids, trays, boxes, clamshells, packaging and containers. The City Code Section states characteristics of prohibited disposable food service items, with the prohibition stated as follows: (1) Distribution of Polystyrene Foam (2) Distribution of Plastic straws* (see exception FAQ) with plastic as defined (in Section 14-15) which says material derived from petroleum or a biological based polymer such as corn or other plant sources. This latter definition covers PLA plastic that are deemed compostable. (3) Distribution of food service ware that is not Recyclable or Compostable unless there is no Affordable Alternative. Affordable Alternative is defined (in Section 14-15) as costs up to 15% more than the purchase of non-compostable or non-recyclable alternative. Plastic containers rated #3, #4, #5 and #6 are prohibited because they are not recyclable. For dine-in customers, all food service ware must be reusable. What items are allowed? Where/how can I purchase these? For straws, the allowable items are non-plastic (including non-pla) compostable straws and stirrers, including by not limited to paper, pasta, sugarcane, bamboo, or reusable straws including but not limited to metal, silicone, bamboo, or glass. For all other food service ware, the allowable are items are certified compostable, including PLA, as well as #1 and #2 plastics. Generally speaking, all utensils for to-go ware will need to be compostable. Everything else (cups, containers, etc.) will need to be compostable or plastics #1 or #2, since they are recyclable. These compliant products should be available from your distributor, local supply store or online. A current list of complaint products with manufacturer and references is offered in this toolkit. Are there exceptions to distributing the prohibited items? Yes. Because paper straws, one of the most common available alternative to plastic, lack the durability to meet the needs of those with disabilities who require a straw for beverage and food consumption, City Code Section prohibits plastic straws except: when a consumer self-identifying as a person with a disability making the use of a Plastic straw necessary specifically requests a Plastic Straw, where upon the (business) shall provide a Plastic straw to the consumer

5 Why are compostable PLA straws prohibited? PLA straws are compostable (break down) only in commercial composting facilities that reach temperatures of F. However, they act just like regular plastics in ocean and land environments, lasting for hundreds of years and endangering marine life. For this reason and the fact that straws are lighter, prolific in use, and thus more likely to escape into the environment, Monterey includes compostable, PLA straws in the prohibited list. What does PLA mean? Poly(Lactic) Acid is a form of plastic alternative that is biodegradable in an industrial compost system (not a backyard, and not in the environment). It s made from renewable biomass, or organic waste material, such as fermented corn starch. When is this effective? Businesses received a City invitation to participate in a public meeting last May to gather input on the ordinance. The Monterey City Council passed the ordinance in December of 2018 with an effective date April 22, Food providers are expected to be in compliance by this date and deemed to be in the grace period until then. What happens if I don t comply? The City may inspect the premises of any food provider to verify compliance; provided, that the premises is located within the City. For a first violation, the City shall provide notice to the person(s) violating the City Code that a violation has occurred. For any violation after the first violation, the City shall have the authority to take any one or more of the following actions: (1) Issue an administration citation (2) Prosecute the violation as a criminal infraction or a misdemeanor. (3) Petition a court of competent jurisdiction for injunctive and/or declaratory relief. (4) See any other remedy available at law, in equity, and/or by statute. How do I dispose of and tell my customers how to dispose of compostable serviceware? It is important that compostable service ware go either in food waste containers or the trash. Put in the recyclable bins, they block up recycling systems and processing. Please refer to MRWMD s disposal guidelines and sign up with the city of Monterey food waste program to compost these with other food scraps. Learn more here: Scrap-Collection-Program MRWMD s What Goes Where application and web tool is a great way to find out how to dispose of anything.

6 What straw alternatives are recommended for consumers with self-identified disabilities requesting a plastic straw? A recent survey was conducted by the Disability Organizing Network to identify which alternatives to plastic would be most acceptable for people with disabilities who rely on a straw. The survey found that, straws that are sturdy (non-paper), bendable, and have a tactile comfort to the mouth were the best alternatives to plastic. However, the ordinance states that a plastic straw be provided for anyone self-identifying with a disability requiring a plastic straw. For situations where a consumer requests/requires a plastic straw, although not required by City Code, the best alternative is a bendable straw of durable materials such as plastic. However, businesses can also offer bent metal or silicon straws that were on the recommended list, as more eco-friendlier alternatives. What do I do with my straight plastic straw inventory? It is suggested that businesses go through their plastic inventory in the grace period leading up to April 22. After which they can consider returning to the manufacture for credit, upcycling with an art or school group or keeping a small set to offer on request for individuals selfidentifying as a person with a disability making the use of a plastic straw necessary. Who do I contact for more information? Contact Mallory Pankretz, City of Monterey Sustainability Office: pankretz@monterey.org or (831)

7 Useful URLs for Compliance and Transition The City of San Jose s exhaustive list for alternatives to foam containers. However, the listed PLA/compostable straws are prohibited in Monterey s ordinance. %20Guide.pdf Clean Water Action Reusable Service ware Guide is the best resource for pricing on reusable items, has a cost calculator to help make economic comparisons. has straws only on website, but coming out with economical alternatives for all disposable service ware this month Local Monterey distributor of eco-friendly service ware Plastic straw alternatives.

8 A Case for Metal Straws Some neighboring Monterey restaurants began serving metal straws last year in anticipation of initiatives to reduce single-use plastic pollution. Owners and staff from Jennini s Kitchen and Wine Bar in Pacific Grove and three Paso Robles restaurants: Fish Gaucho, Pappy McGregor s and 1122 shared their metal straw service experience with Sustainable Monterey volunteers. Overall, the metal straws received praise by customers while saving the restaurants money. The following describes these restaurants best practices and advice for others considering metal straws. Review your beverage list and identify drinks really needing straws. Minimize the type and size to use and purchase -- the fewer types the better. Purchased online, metal straws cost approximately $.50. Fish Gaucho serves two sizes: an 8 straight with attached circle-stirrer and a longer bent straw. Fish Gaucho typically serves 400 cocktails a night while using only metal straws. Adopt Straws Only on Request Policy and Train Your Staff. Now, a CA law (AB1884) for dine-in restaurants, serve drinks without straws and provide straws only upon the patron s request. Train your staff and message appropriately to customers during and after the transition. Hide straws from customer view to visually express and support the policy. Message to your customers. Though their move to metal straws preceded city ordinances and respective messaging, Fish Gaucho s transition went smoother than expected because the public was mostly aware of the plastic pollution crisis. When staff explained the reasoning for metal straws, most customers understood. The Skip the Straw button worn by staff helped open the conversation with customers or spoke for itself. Messaging on your menu can save table space and inform customers to the reasoning behind the change. It can be as simple as adding straws to water and straws served on request only. Customer Acceptance Customers knowledge on the plastic pollution crisis is growing, and we are seeing a change in behavior to prefer metal straws over paper and plastic ones. An increasing number of customers are starting to carry their own personal metal straw. From a 2018 survey1on acceptable alternatives for disabled communities, metal straws (bent and with rubber tips) earned second place as a recommended alternative behind bent plastic straws to which they were accustomed.

9 What about theft? Fish Gaucho offers their straws for sale to deter theft. Jeninni s Kitchen and Wine Bar encourages patrons to ask restaurant staff to purchase the metal straws. What about cleaning? It does a little extra effort to clean the straw s interior before it is placed in the dishwasher. Otherwise, metal straws are cleaned and sanitized like any other silverware. Restaurants in Paso Robles are piloting a straw washing tool (see below images) with brushes that clean the inside and outside at the same time, cutting cleaning time in half. Contact sustainablemonterey@gmail.com to request more information on this product or metal straws. Do the Math. With the cost of paper straws as high as 4X that of plastic straws and the growing number of cities which have banned plastic straws, reusable metal straws merit consideration. Fish Gaucho served 4800 plastic straws each month before switching to metal straws. They estimate that by not purchasing plastic straws each month, they save $200-$300 each week. mass monthly straw purchases, saves them $200-$300 a week. Projecting these savings over a year can save restaurants considerable amounts on inventory. Compare the cost scenarios of for recurring paper straw purchases with the initial investment and monthly cleaning costs of metal straws the results may surprise you. Give it a try! Start your restaurant s transition by not serving straws at all, unless requested by the customer or required in specific drinks. See how people respond! The number of people that typically request a straw is less than 10%. Train your staff to respond intelligently and mention the positive benefits that reducing single-use plastics have on our environment. Sustainable Monterey thanks Donovan Schmit, Matt Hansen, Thaimin Saleh and the staff at Fish Gaucho and Pappy McGregors for sharing their experiences with our restaurant community. And Kyle Burnett, Lauren Howerton and Ianthe Duncan-Poole for their help in interviews and filming. 1 Disability Organizing Network,

10 BEAUTY WORTH PROTECTING Attention Staff: It s up to all of us to protect our beautiful community and the wildlife that makes it so special. The beauty and rich marine life of the Monterey Bay National Marine Sanctuary is a major reason that people from around the world visit Monterey County and why we live here, too! State law requires we only offer straws upon request, and the City of Monterey requires us to stop using plastics that can t be recycled. Our lids and take-out utensils are compostable. To-go containers made of PLA are also compostable or, if they are plastic #1 and #2, they are recyclable. Straws and stirrers must be paper/wood/pasta-based or reusable. There is one important exception to the no-straws rule! IF a customer with a disability asks for a plastic straw because that is what works best for them, please give them a plastic straw no questions asked. If customers ask WHY is California banning straws? Here are some suggested responses: Monterey Bay is a National Marine Sanctuary and it s up to us to protect this place. When small items like straws or bags make their way into the ocean, plastic pollution harms marine ani- mals (birds, whales, dolphin, turtles) when they mistake it for food and swallow it. 4 of the top 5 trash items found on our local beaches are straws, cups and lids, and plastic utensils, so we ve stopped the problem at the source. Recycling is NOT the answer straws and utensils are too small to be recycled so we use compostable products that can breakdown and be converted to energy along with our food scraps by our local waste management facility in Marina. Our restaurant is proud to be a leader in protecting the Bay, and we appreciate your cooperation to keep plastic trash out of the ocean. NOTE: Compostable items go into the Green Bin to be composted!! Thank you for being part of the solution to plastic pollution!

11 Messaging to Customers Messaging to customers about the new policies and practices under the CA and City ordinances will help ease the transition for everyone. Below and in this toolkit, are recommended ways to communicate positive, consistent messages to your customers and staff. Signage in Shop-Front Windows Window signs at businesses convey values and policies of the business and are a good place to reference adopted policies that comply with state and city ordinances. Front window displays inform and set customers expectations, and can be self-made or from memberships in programs such as Surfrider, The Last Plastic Straw, Plastic Pollution Coalition. Visit the websites for program membership information and messaging and marketing benefits. Table Tents Use table and countertop table tents similar to what is used to communicate water conservation policies and the reasoning behind these. Please see MCCVB s collateral available for this, and similar customer-messaging purposes. In Menus Message your policies and practices in your menus to save table space. It can be as simple as adding straws to your menu we serve water and straws only on request to an explanation of the reason. Excerpt from a Napa restaurant menu: Message through Buttons Worn by Staff Show your support to reducing plastic pollution with these turtle buttons. These have proven to be very effective in opening the conversation or in their speaking for themselves. To order turtle buttons, visit sustainablemontereycounty.org and make a donation of at least $1 per button. Then send to sustainablemonterey@gmail.com with the number of buttons desired and address for delivery.

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14 Surfrider s Ocean Friendly Restaurant Program go.surfrider.org/join-ofr Since your restaurant must comply with the City of Monterey s ordinance, why not become an official Surfrider Ocean Friendly Restaurant! And enjoy the following member benefits: Access to significant vendor discounts on sustainable to-go products, including paper straws. Ocean Friendly Restaurants marketing collateral including window stickers, brochures, table-tops. Launch party and collaborative promotions with Surfrider Monterey County Chapter. Restaurant on the mobile Surfrider app: go.surfrider.org/ofr-app Restaurant listed on Surfrider national map and Chapter websites. Tax-deductible contribution. Use of Ocean Friendly Restaurants logos for restaurant menu, website and materials. Association with a nationally recognized nonprofit with thousands of members and supporters working hard to keep our ocean healthy and protected! As a member of the Surfrider Foundation, your Ocean Friendly Restaurant demonstrates to your customers and your community your commitment to our environment and ocean. Businesses participating must follow the first five criteria: 1. No expanded polystyrene (EPS) foam is used. 2. Proper recycling practices are followed. 3. Only reusable tableware is used for onsite dining, and disposable utensils for takeout food are provided only upon request. 4. No plastic bags are offered for takeout or to-go orders. 5. Straws are provided only upon request. And choose a minimum of two of these criteria as well: 6. No beverages are sold in plastic bottles. 7. Discount is offered for customers with reusable cup, mug, bag, etc. 8. Vegetarian/vegan food options are offered on a regular basis. 9. All seafood must be a Best Choice or Good Alternative as defined by Seafood Watch or certified as sustainable. 10. Water conservation efforts, such as low-flow faucets and toilets, are implemented. 11. Energy efficiency efforts such as LED lighting and Energy Star appliances are in place. Membership fee is based on a sliding scale ranging from $125 to $175 for local businesses based on the number of employees at the restaurant. $125 $150 $ Employees Employees Employees Annual Fee Annual Fee Annual Fee For more information please contact: Ximena Waissbluth at chaptercoordinator@monterey.surfrider.org Visit: