Foam boxes get the boot

City eating establishments and stores must bag the non-recyclable foam food containers that have been the standard for take-out or take-home food.

A new ordinance goes into effect Tuesday that bans local food vendors — and that means eateries from Jack in the Box to French 75, and any store that sells prepared food in Laguna Beach — from dispensing the food or beverages to customers in disposable containers made from expanded polystyrene foam or non-recyclable plastic.

“Customers who notice these products still being used after July 1 should mention it to the proprietor,” said resident Walker Reed, who championed the ordinance. “Give the guy a chance. Then call City Hall. It is up to us.”

The ban includes containers, bowls, plates, trays, cartons, ice chests, lids, straws, forks, spoons, knives and other unnamed items or utensils made of the prohibited materials.

Some city eateries beat the deadline.

The ordinance was approved at the Dec. 4 council meeting. The effective date was set six months down the road to allow businesses time to make the transition.

“Our customers are the kind of people who bring in their own bags, so we have been using paper and biodegradable plastic for a long time,” said Michelle Spalter, assistant manager of Café Zinc and Zinc Market.

There was no public opposition when the ordinance was introduced at the Nov. 20 council meeting.

“Styrofoam sucks,” Waste Management spokeswoman Michelle Clark said.

There are a few exceptions to the ban.

A food vendor who can satisfy the city manager that the ban would cause undue hardship might be exempted from complying for as much as a year.

The city manager was also authorized to exempt the procurement of supplies or services in the event of a emergency as deemed necessary for the immediate preservation of public health, safety and general welfare.

First-time violators will be given a warning, followed by a fine, not to exceed $100, for the first violation after the warning notice.

The fine will be doubled for the second violations and hiked to $500 for the third any subsequent violations.

Fines are cumulative. Each day of a violation is to be considered separate violation.

BARBARA DIAMOND can be reached at (949) 494-4321 or [email protected].