Washington D.C. has implemented comprehensive regulations regarding food service ware to combat trash pollution in local rivers and decrease landfill waste. These regulations, stemming from the Sustainable DC Omnibus Amendment Act of 2014 and the Zero Waste Omnibus Amendment Act of 2020, are being rolled out in phases. If you believe a business isn’t adhering to these rules, you can report it via a tip submission form or by dialing 311.
The District’s requirements for food service ware are multifaceted, addressing various aspects of disposable items used in food service:
Reducing Food Service Waste: In D.C., food establishments and third-party ordering platforms are mandated to provide disposable utensils and small items like condiment packets only when customers explicitly request them. This aims to cut down on unnecessary waste from single-use items.
Foam Ban: The use and retail sale of expanded polystyrene, commonly known as foam, is prohibited for food service ware, storage, and packing within the District. This “Foam Ban” is a significant step towards eliminating a problematic material from the waste stream.
Food Service Ware Material Requirements: Restaurants and food-serving institutions in D.C. must utilize food service ware that is either compostable or recyclable. This regulation is central to ensuring that disposable items can be processed in an environmentally friendly manner after use.
Ban on Single-Use Plastic Straws: Recognizing that plastic straws are neither recyclable nor compostable, they are banned under the food service ware material requirements. The “Our Last Straw” initiative provides more details on this specific ban. It’s important to note that accommodations are in place for individuals with disabilities who require plastic straws. Businesses must maintain a stock of plastic straws to accommodate these requests under the Americans with Disabilities Act and the DC Human Rights Act.
For any inquiries regarding food service ware material requirements, please contact [email protected].
Who is Affected by These Regulations?
These regulations apply broadly to businesses and organizations involved in selling or providing food and beverages in single-use Serve Ware. This includes a wide range of entities:
- Bars, cafes, and delis
- Schools and cafeterias
- Carry-out establishments and food trucks
- Restaurants and grocery stores
- Daycare providers
- Companies offering complimentary coffee
- Churches providing refreshments
- Non-profits hosting food-inclusive events
However, certain exceptions exist. The law does not apply to:
- Food and beverages pre-packaged in foam containers before reaching the regulated entity, like eggs in foam cartons.
- Materials used for packaging raw meat, fish, poultry, or seafood.
- Compostable and recyclable requirements are specific to food prepared for immediate consumption, exempting items like grocery store produce or raw grains. It’s important to remember that the foam ban still applies to these exempted categories where applicable.
Further details on these regulations are available in the DC Register.
What Kind of Serve Ware is Permitted?
Regulated entities are required to use food service ware that is officially recognized as compostable or recyclable according to D.C.’s standards. The District refers to the Mayor’s List of Recyclables and Compostables for definitive guidance. Notably, single-use plastic straws and stirrers were removed from this acceptable list in October 2018.
Businesses can typically source compliant serve ware from their existing suppliers. It’s recommended to inquire about recyclable or compostable options or consult DOEE’s vendor list of compliant product suppliers.
Acceptable Compostable and Recyclable Serve Ware Includes:
- Rigid plastics marked #1 (PET), #2 (HDPE), #4 (LDPE), #5 (PP), and #6 (rigid PS).
- Aluminum items like foil, pie pans, and beverage containers.
- Pulp or paper-based items, even those with plastic or wax coatings.
- Products certified as compostable by the Biodegradable Products Institute (BPI).
When Should Recyclable Serve Ware Be Discarded as Trash?
Even when using recyclable food service ware, certain conditions dictate disposal in the trash rather than recycling:
- Items smaller than two inches in two dimensions, such as utensils or condiment cups.
- Plastic bags and plastic films.
- Items heavily soiled with food.
For comprehensive recycling guidelines, visit zerowaste.dc.gov.
Banned Serve Ware Items Subject to Enforcement
Beyond foam containers and plastic straws/stirrers, other items are prohibited due to their non-compostable and non-recyclable nature:
- Foil-lined deli paper wraps.
- Aluminum-coated paper to-go containers.
- Paper bags with plastic windows.
Note: Items smaller than 2 inches, plastic bags, and plastic wraps are not part of D.C.’s current recycling program but might be accepted by private recycling services. Check with your provider or visit dpw.dc.gov/plasticbagremoval for more information.
To see examples of businesses successfully transitioning to compliant serve ware, check out these videos featuring local establishments: Culture Coffee, Queen Vic, Founding Farmers.
Enforcement of Regulations
The Department of Energy and Environment (DOEE) is actively enforcing these food service ware regulations, issuing warnings and fines for non-compliance. Enforcement involves public tips and routine inspections.
Helpful Resources
Sustainable DC Omnibus Amendment Act of 2014
Zero Waste Omnibus Amendment Act of 2020
Mayor’s List of Recyclables and Compostables
DOEE’s list of vendors that sell compliant products
DC Register
zerowaste.dc.gov
dpw.dc.gov/plasticbagremoval
Biodegradable Products Institute
Submit a Foam Ban Tip
311
Our Last Straw
Trash Free DC
Reducing Food Service Waste
Foam Free DC
