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Posted on: October 1, 2019

Avon to Mull Prohibition on Food Vendors from using Disposable Food Containers made from Polystyrene

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Avon to Mull Prohibition on Food Vendors from using Disposable Food Containers made from Expanded Polystyrene


Avon, CO – In a work session conducted at the September 24th meeting of the Avon Town Council, the Town Council directed Town staff to prepare, for Town Council’s consideration, an ordinance that would prohibit food vendors from using disposable food service ware made out of expanded polystyrene (i.e. Styrofoam) when providing food or beverages to their patrons. The Town Council discussed the possibility of the ordinance being structured in a way that, if approved, would only go into effect if Colorado Revised Statute 25-17-104 is repealed by the Colorado General Assembly during the 2020 legislative session. Section 25-17-104, C.R.S. prohibits local governments from regulating “the use or sale of specific types of plastic materials or products” or restricting or mandating “containers, packaging, or labeling for any consumer products.”


The September 24th work session was a follow-up to similarly proposed legislation the Town Council reviewed and ultimately tabled in 2017. The most recent initiative stems from the Town Council’s adoption of the Climate Action Plan for the Eagle County Community, which reflects a strong commitment to reduce the community’s greenhouse gas emissions and even speaks to the reduction of expanded polystyrene.


In addition to the direction for preparation of a new ordinance, staff was directed to implement rules prohibiting the purchase or use of expanded polystyrene products and other plastic products on Town property during special events and during day-to-day Town operations. Staff was also asked to initiate the process of contacting state legislators to encourage the repeal of Section 25-17-104, C.R.S.


First reading of the ordinance banning certain uses of expanded polystyrene is currently scheduled for the October 22nd Town Council meeting. The Town Council will take public comment at the October 22nd Town Council meeting. Written comments may also be submitted prior to October 18th at noon. Comments should be emailed to Brenda Torres, Town Clerk, at btorres@avon.org. All submitted comments will be included in the public record and will be reviewed by the Town Council. If you have questions, please contact Preston Neill, Deputy Town Manager, at pneill@avon.org or (970)748-4404. More information on this initiative is available at www.avon.org. Just click on Town Initiatives.

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