HomeMy WebLinkAboutMINUTES - 11071989 - 1.19 ORDINANCE NO. 89- 80
(Prohibiting Chlorofluorocarbon-Processed
Food Packaging)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. SUMMARY. This ordinance prohibits the use, sale or
production of food packaging materials which use ozone-depleting
chlorofluorocarbon in the manufacturing process in the
unincorporated area of Contra Costa County.
SECTION II . FINDINGS. (a) Scientific evidence is increasingly
confirming that the family of substances known as
chlorofluorocarbons ( "CFCs" ) , when discharged into the
atmosphere, degrade the earth's protective layer of ozone,
allowing increased amounts of ultraviolet radiation to penetrate
the atmosphere, posing an acute and immediate danger to human
health, life, and to the environment.
(b) Available scientific evidence indicates the strong
possibility that the resulting increase in ultraviolet radiation
may already have caused an increase in the incidence of skin
cancers and other serious illnesses .
(c) In September 1987, the United States and 23 other
nations signed the Montreal Protocol on Substances that Deplete
the Ozone Layer, commonly referred to as the Montreal Protocol,
to set forth a timetable for reducing the most potent ozone-
depleting chemicals.
(d) To implement the Montreal Protocol, the Environmental
Protection Agency, on December 14, 1987, published proposed
regulations, which are now final, to limit the reproduction and
consumption of certain CFCs .
(e) One source of the CFCs currently being released into
the atmosphere is the use of these substances as blowing agents
in the manufacture of some of the polystyrene foam packaging
products used in the food service industry. Substitutes for
these products, currently available, do not use CFCs in their
manufacture.
(f) In April 1988, the Food service and Packaging
Institute, which represents approximately 90 percent of food
packaging manufacturers, announced a voluntary program to phase
out the use of fully halogenated chlorofluorocarbons in the
manufacture of disposable foam plastic products for food service
by the end of 1988 . In February 1989, the EPA acknowledged the
success of this voluntary phase-out of CFCs by the food packaging
industry. However, concerns have been expressed over the
voluntary nature of the phase-out, and the fact that not all food
packaging manufacturers are members of the Food Service and
Packaging Institute.
(g) The Board supports international, federal, state, and
private voluntary bans on all uses of CFC not deemed absolutely
essential. Until such bans are in effect, responsible action
should be taken at the local level to reduce CFC use.
ORDINANCE NO. 89-80 1
(
SECTION III . DEFINITIONS. As used in this ordinance, the
1 following definitions apply:
(a) "Chlorofluorocarbons, " or "CFCs, " mean the family of
substances containing carbon, fluorine and chlorine, having no
hydrogen atoms and no double bonds .
(b) "CFC-processed food packaging" means any food packaging
which uses CFCs as blowing agent in its manufacture.
(c) "Food packaging" means all containers, bowls, plates,
trays, cartons, cups, and lids on or in which any foods or
beverages are placed or packaged or intended to be placed or
packaged.
SECTION IV. PROHIBITION. Except as provided in Section V, no
person shall produce, sell or use CFC-processed food packaging in
the unincorporated area of the County.
SECTION V. EXEMPTIONS. (a) CFC-processed food packaging
manufactured, purchased or under contract to be purchased on or
before January 1, 1990, is exempt from the requirements of this
ordinance.
(b) The Director of Health Services or his designee may
exempt an item or type of food packaging from the requirements of
this ordinance upon a showing that the item or type has no
acceptable non-CFC-processed equivalent, and that imposing the
requirements of this ordinance on that item or type would cause
undue hardship.
SECTION VI . ADMINISTERING AGENCY. The Director of Health
Services is responsible for administering and enforcing the
provisions of this ordinance.
SECTION VII . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on November 7 , 1989 , by the following vote.
AYES: Supervisors Powers , Fanden , McPeal1, Torlakson
NOES: None
ABSENT:" Supervisor Schroder
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors
and County Administrator
By: l�= :>-
Deputy
Deputy Board Chair
[SEAL]
LTF:df
(11-01-89 )
df1:1tf\ord\pkging-f.00d
ORDINANCE NO. 89-80 2