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Timeline to Comply with Ordinance

June 3, 2018- The EPS Ordinance was signed and took effect over 3 phases to give businesses adequate time to transition to new, more sustainable materials
Phase 1: September 3, 2018
  • City Facilities and City Departments
  • City-Sponsored and City-Permitted Events
Phase 2: March 3, 2019
  • Large Restaurants with more than 101 seating
  • Franchise Restaurants
  • Grocery/Convenience Stores
  • Food Trucks
  • LBUSD

Phase 3: December 3, 2019

  • Small Restaurants with less than 101 seats
  • All Other Providers

*This phase also prohibits retail sales of polystyrene ice chests, polystyrene bean bags, and crafts and includes that utensils and straws are given only upon request for take away items. 


February 2020 - City Council votes to amend the Ordinance.

March 28, 2020

  • Eliminates exemption on cup-lids
  • Straws and Utensils may only be given upon request at all Food Establishments
  • Straws must not be made of Plastic or Bioplastic

October 1, 2020

  • Retail sales of polystyrene foodware items such as cups, cup lids, condiment cups, food trays, plates, bowls, clamshells and other products primarily for food service use
  • Retail sales of polystyrene packing material, including foam peanuts, packing peanuts, foam popcorn or packing noodles
  • Retail sales of polystyrene meat and fish trays, produce trays, and egg cartons
June 2024 – Enforcement began. All businesses, City Facilities, City Departments, LBUSD, City-Sponsored and City-Permitted Events, and Mobile Vendors/Food Trucks must be in compliance. 

Per LBMC 8.63.100, a violation of this Chapter shall be punishable under the administrative citation procedures set forth in Chapter 9.65. Each day a violation exists constitutes a separate and distinct offense. Failure to pay fine(s) within the specified time period may result in a 25% late charge. Fines are imposed as follows:

  • A $100 fine will be imposed for the initial violation.
  • A $200 fine will be imposed for each instance of a second violation of the same code section committed within one year from the date of the initial violation.
  • A $500 fine will be imposed for any subsequent violation of the same code section committed within one year from the date of the initial violation.

Polystyrene ordinance restrictions. The following items are prohibited under LBMC8.63. Foodware - prohibits the use of prepared food to be served in the following container materials: expanded polystyrene foam (styrofoam), rigid polystyrene (plastic #6). Retail - prohibits the sale and distribution of the following polystyrene items: foodware containers, packaging material (including by not limited to, foam or packing peanuts, popcorn or noodles, meat, fish or produce trays and egg cartons, ice chests, toy filler, bean bags, and craft beads. Straws - straws must not be plastic or bioplastic and must be given only upon request. A plastic straw may be given if needed to comply with ADA requirements.

  State law AB 1276 - state law defines single-use foodware accessories as utensils, chopsticks, condiments, cups and packets, straws, stirrers, splash sticks, and cocktail sticks. All disposable foodware accessories must be given only upon request. Only provide single-use accessories required to eat the ready-to-eat food. Retail food facilities may not bundle single-use foodware items, third-party delivery platforms for takeout and deliver orders shall provide consumers the option to request single-use food items from their menu. Resources & more information. Work with your current vendor to find acceptable alternatives for expanded polystyrene foam packaging. LB reuses is a coalition of businesses & organizations within Long Beach that encourages residents to bring their own reusable items for to-go food and drinks. Become a participating business by accepting reusables and email LBReuses@gmail.com to receive a window sticker. For more information on local and state laws related to your business please visit our website at Longbeach.gov/FFLLB.

 

Download the Polystyrene Ordinance Flyer:

Polystyrene Ordinance Flyer (English)
Polystyrene Ordinance Flyer (Spanish)
Polystyrene Ordinance Flyer (Khmer)
Polystyrene Ordinance Flyer (Tagalog)