Polystyrene Foodware Ordinance

January 1, 2024 UPDATE:

This ordinance is now in effect for businesses with an annual total income above $500,000. Below are important dates and information pertaining to the ordinance.

• Food establishments with an annual total income of $500,000 or less per location have until January 1, 2025 to comply with the ordinance.
• For food establishments above the $500,000 annual total income threshold, no citations shall be issued prior to May 1, 2024.
• Beginning May 1, 2024, food establishments found in violation of the ordinance will be given one written warning prior to a citation being issued. Citations may be issued against any establishment without a prior written warning beginning January 1, 2025.
• This prohibition does not apply to the following:
  • Polystyrene foam serviceware used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, or seafood.
  • Polystyrene foam that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food dispensing establishment.
  • Any not-for-profit corporation
  • Any governmental agency that provides food to disadvantaged individuals at no or nominal charge.

A copy of the full ordinance is available here. Any business needing further information on alternative disposable foodware products should contact Seth Jansen, Management Analyst and Sustainability Commission Staff Liaison at sjansen@vrf.us or 708-714-3521.

September 12, 2023 UPDATE:

The Village Board unanimously passed a new ordinance on September 11^th to ban polystyrene foam foodware. 

The new ordinance will be effective January 1^, 2024, smaller food establishments ($500k or less in revenue) have a longer runway and will need to be compliant by January 1, 2025. The ordinance also includes language that ensures that any initial violations in the first four months of 2024 will result in education versus citations.

August 7, 2023 UPDATE:

 A public meeting will be held by the Village of River Forest Sustainability Commission on Tuesday, August 22, 2023, 7PM, at Village Hall and via Zoom, regarding a proposed ordinance for polystyrene foam foodware. The change that is being proposed by the Sustainability Commission is to phase out the use of polystyrene foam in disposable food service containers. Polystyrene foam is defined in the text below. The Commission is intending to vote on the proposed ordinance language at this meeting.

If you have not already done so, we encourage your feedback at the meeting and by completing a brief, 3-question survey found here: https://www.surveymonkey.com/r/VRFstyrofoam. 

A public meeting will be held by the Village of River Forest Sustainability Commission on Tuesday, July 11, 2023, 7PM, at Village Hall and via Zoom, regarding a proposed ordinance for polystyrene foam foodware.

Click her for full meeting informaiton.

The change that is being proposed by the Sustainability Commission is to phase out the use of polystyrene foam in disposable food service containers. Polystyrene foam is defined in the text below. We encourage your feedback at the meeting and by completing a brief, 3-question survey found here: https://www.surveymonkey.com/r/VRFstyrofoam.  

A list of businesses that would be subject to this change can be found below. Businesses are being contacted directly to notify them of this proposed change. All are welcome to attend this public meeting to learn more and/or provide comments on this proposed change. 

Affected Businesses

Proposed changes to Title 6, Health and Sanitation, of the Village Code are as follows.

6-5-1: DEFINITIONS:

DISPOSABLE FOOD SERVICE CONTAINER: Serviceware designed for one-time use. “Disposable food service container” includes, but is not limited to, serviceware for take-out foods, bakery products, and leftovers from partially consumed meals. “Disposable food service container” does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of seafood or serviceware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish or seafood.

POLYSTYRENE FOAM: Blown polystyrene and expanded or extruded foams using a styrene monomer.

6-5-2.R.: POLYSTYRENE FOAM PACKAGING PROHIBITED:

1. Except as provided in subsections 2 and 3 of this section, food establishments may not sell or distribute a disposable food service container composed in part or in whole of polystyrene foam packaging on or after January 1, 2024.
2. A food establishment with an annual gross income under $500,000 per location as stated on the food establishment’s income tax filing for the most recent tax year as provided to the Village shall comply with this section on or after January 1, 2025.
3. The prohibitions set forth in this section shall not apply in the following situations:
   1. Supplies and services provided in response to a public health or other emergency that is declared by a governmental body with jurisdiction in the Village.
   2. Any polystyrene foam that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food dispensing establishment;
   3. Any not-for-profit corporation; or
   4. A federal, state, or local governmental agency that provides food to needy individuals at no or nominal charge.
4. Enforcement: The Village shall perform education and outreach efforts regarding the prohibition contained in this section during the first four (4) months of 2024 through April 30, 2024. No citations shall be brought against food establishments for violations of this section during said time. Thereafter, a food establishment in violation of this section shall be given one (1) written warning beginning on May 1, 2024 prior to a citation being issued against the food establishment. Citations may be issued against any food establishments pursuant to subsections 1 and 2 above without a warning being previously issued that violate this section beginning January 1, 2025 and thereafter.
5. Conflict with State Law. If any provision of this section conflicts or is otherwise inconsistent with a provision of state law, the more stringent or restrictive provision shall prevail and shall be enforced by the Village.

Anyone with questions regarding the proposed change or public meeting should contact Seth Jansen, Management Analyst and Sustainability Commission Staff Liaison at sjansen@vrf.us or 708-714-3521.