Getting a hot cup of coffee or take-out food in a Styrofoam container will soon be a rare, if not forgotten, experience at local food establishments.
The Albany County Legislature on Tuesday, Nov. 12, approved the Food Service Waste Reduction Act by a vote of 24-12, which prohibits usage of polystyrene foam containers, commonly known as Styrofoam, at chain food service businesses. The ban will be effective in six months and only applies to food businesses with at least 15 locations nationally.
People filled the room on Tuesday and debated the law for more than a hour during a public hearing before the ban’s passage later that night.
An overwhelming majority of comments were in support of the ban, with most pointing to health or environmental concerns of the product that many claimed is difficult to recycle. Those who rallied against the law were all industry representatives or lobbyists.
Paul Tick of Delmar pointed to the federal Environmental Protection Agency and International Agency for Research on Cancer identifying styrene, which is used to make Styrofoam, as a “possible carcinogen.”
In 2006, Tick said, Americans disposed of 870,000 tons of polystyrene foam containers, which included 25 billion such cups. The EPA has determined the polystyrene manufacturing process is the fifth highest producer of hazardous waste nationally.
“These went into our streets, our parks, our waterways, clogged up our landfills where it takes hundreds of years to decompose,” Tick said. “The companies that produce Styrofoam suggest that we recycle it rather than restrict it, but there is numerous problems with recycling Styrofoam.”
Several speakers, along with lawmakers, said recycling Styrofoam is not viable, because there is no profit to be made for recycling companies. There is also the need for such containers to be cleaned of food waste.
Mike Levy, senior director for the Plastics Foodservice Packaging Group of the American Chemistry Council, rebutting environmental claims against Styrofoam.
“This product is not only economical, it is actually better for the environment than what you’ve heard. More importantly the product is also recyclable,” Levy said.
Levy claimed banning the product from chain food businesses would cost from $600,000 to $2 million, with more 1,500 jobs in-state tied to companies manufacturing such products.
“Polystyrene is a safe product. It has been used for 50 years. It’s been regulated by the FDA and when I (say) regulated, I mean it has been tested for exposure to consumers,” Levy said. “Polystyrene foam in consumer food services is not an issue; the low levels are not going to harm anybody.”
Legislator Mary Lou Connolly, D-Guilderland, said coming into the meeting she supported the ban, but was swayed by arguments against it.
“I’ve been doing a little bit of research, and I’ve learned a lot,” Connolly said. “I wanted in the worst way to support this, but it doesn’t make economical sense.”
Connolly said the law is not fair since it restricts larger businesses, while leaving smaller businesses unaffected. Legislators supporting the bill said this was implicitly done under the belief larger corporations could more easily to bear any burden related to using an alternative product.
Legislator Douglas Bullock, a sponsor of the bill, said the cost would be “prohibitive” for nonprofits and similar establishments.
“We would have gone for everybody, but we want voluntary compliance with all those that are not covered under this law,” Bullock said. “I don’t like singling people out either, but you have to start somewhere. This is where you start, you start with those that can afford it.”
Bullock said as the demand for alternative products that are more environmentally friendly increase the costs to purchase such products will decrease, allowing it to be affordable for small businesses.
According to the EPA, people exposed to levels of styrene exceeding regulations for a short period of time may experience nervous system effects such as depression, loss of concentration, weakness, fatigue and nausea. Those exposed to it at high levels for a lifetime may develop liver and nerve tissue damage, along with cancer.