KFC slow to comply with countywide polystyrene ban

It has been two years since Capitola became the first city in the county to tell restaurants to stop using polystyrene food packaging products. Since then, every jurisdiction in the county has enacted similar bans.

While most eateries -- both mom-and-pop, as well as national chains -- have complied with the new rules, Kentucky Fried Chicken is still waiting for its supplier to ship paper packaging.

"They're working on it," said Chris Moran, waste reduction manager for the Santa Cruz public works department. "They are supposed to be getting in environmentally safe food products within three weeks. It's good news."

The city's ban went into effect last year. Relying on the public to report violators, the city notified the Mission Street KFC of the ordinance and encouraged the company to rectify it as soon as possible. A second letter about the violation was sent in June, she said.

No fine has been issued because the city would rather work with the company for the greater environmental good, than impose penalties, Moran said.

"Our aspiration is for them to change corporate-wide," she said. "The city has had success in doing that with Cold Stone Creamery. They switched out almost 2,000 businesses. Jamba Juice also is changing."

Polystyrene foam has been banned because it isn't easily biodegradable and poses a health hazard to animals that mistake it for food. What's more, a 1986 study by the Environmental Protection Agency detected the foam in the fat tissue of every man, woman and child tested, according to documents related to the county's ban on foam instituted last year.

The anti-polystyrene laws focus on commercial sources, such as restaurants, caterers, motels and movie theaters, as well as the organizers of special events, such as parades, foot races and concerts. Such products can still be purchased in stores for private use.

Polystyrene regulations exist primarily in California, said Annika Stensson, spokeswoman for the National Restaurant Association. More than 30 California cities and counties have prohibitions on polystyrene products, reported the Nation's Restaurant News trade publication. In June, state lawmakers shelved a statewide ban on the product, citing concerns with job losses in the state's polystyrene manufacturing industry, the magazine reported. The restaurant lobby wanted lawmakers to rethink the ban because of increased costs to businesses.

Locally, enforcement relies on reports from consumers. Generally, violators get a warning then face a $100 fine for the first offense in each jurisdiction. The fine increases an extra $100 each additional offense and max out at $500.

The cities of Scotts Valley and Capitola have sent letters to their respective KFC restaurants seeking compliance.

"We'd rather make sure they're doing the right thing, rather than issue a violation and fine," said Scott Hamby, the city's wastewater and environmental programs director.

The Mount Hermon Road establishment expects its supply of non-polystyrene food packaging products to "arrive no later than next Saturday," said manager Brandon Rus.

In Watsonville, where the ban went into effect May 14, businesses are still operating under a grace-period, during which the city is focusing on education, said Nancy Lockwood, of the public works and utilities department.

This fall, her office plans to conduct "eco-visits" at city businesses and restaurants to talk about water conservation and ways to improve company image in going green, as well as the polystyrene ban, she said.

"If they have other issues they want to talk about, we can talk about those, too," she said.

As for the county, they will check on reports that the Aptos KFC is still using polystyrene food packaging.