Accounting firm KPMG recently published an analysis detailing how sustainable food packaging laws impact the quick-service restaurant industry. Currently, laws regulating takeout food packaging exist at the national, state, and local levels. And that creates a complicated web of competing laws that can confuse businesses trying to comply.
"The country has a patchwork of laws and regulations that vary by state and even by city or county," KPMG said in its analysis. "This creates significant challenges for [quick-service restaurants] that operate across multiple jurisdictions and have to comply with different and sometimes conflicting rules."
For its analysis, the firm evaluated takeout packaging regulations in the U.S., including laws related to plastic bags, foam containers, single-use plastic, straws, and more. As of March 2024, 20 states had "some form of packaging regulation at the state level." Of those 20 states, 15 states also have regulations that exist at a local level.
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On the national level, the Farewell to Foam Act prohibits the sale and distribution of polystyrene food service ware, which was effective December 2023.
Switching to more sustainable food packaging is an important way the food service industry can help address global waste. Using bioplastic, biodegradable, or otherwise sustainable containers lowers the reliance on containers made of dirty fuels, like plastic and Styrofoam options.
Plastics never actually break down in the environment. Instead, they form microplastics, which can enter the environment and contaminate the food and water supply.
Styrofoam products are equally as destructive to the planet. According to GreenCitizen, it costs $3,000 to recycle one ton of Styrofoam compared to the $100 it takes to recycle one ton of paper. Research from the U.S. Department of Health found that Styrofoam contains possible carcinogens that can spread from takeout containers into the food you are eating.
The solution to many of these challenges may seem obvious: Restaurants can and should adopt sustainable packaging throughout all locations — not just in states with regulations. Eco-friendly bioplastic containers, biodegradable paper containers, and wooden or otherwise compostable utensils follow regulations nationwide and are currently the most sustainable takeout options available.
These "patchwork" laws can also be solved with national regulations that make sustainable food containers mandatory for all quick-service restaurants. While the Farewell to Foam Act is a start, there's still a long way to go before your takeout order can be considered sustainable.
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