Frequently Asked Questions (FAQs)

  • A: Portions of this ordinance have been deferred. Please visit the website for more information.

  • A: Yes. The Department of Environmental Services has created a voluntary certification program, which allows manufacturers and distributors to demonstrate their products comply with Ordinance 19-30. To confirm our compostable cutlery has been certified by the Department of Environmental Services, please email Henry Gabriel at hgabriel@honolulu.gov.

    Products must be certified by the USDA's BioPreferred® program in order to be listed as compliant with Ordinance 19-30. View our letter from the USDA's BioPreferred program that states our Ohanaware cutlery is a USDA Certified Biobased Product.

  • A: Yes. The following are the most significant differences between both ordinances:

    • Oahu’s ordinance exempts polyethylene lined paper cups from the ban. Maui’s ordinance bans these cups.

    • Oahu’s ordinance bans plastic lids, but Maui’s ordinance exempts them.

    • Foam coolers are exempt on Oahu but are banned by Ordinance 5237 on Maui effective 1/1/22.

    • A previous plastic ban on Maui bans the use of polystyrene foam for prepackaged food. Polystyrene foam is allowed for use on Oahu if it is used for prepackaged food.

    • Maui’s ordinance does not allow for an industry exemption application but Oahu’s ordinance does.

  • A: Individual companies and industries can request an exemption now. Access information regarding the exemption form.

  • A: No.

  • A: Use of handle-less, plastic bags are allowed to contain dampness (ex. hot or cold take out lunches and drinks that produce dampness).

  • A: Distribution and sale of compostable cutlery is allowed under Bill 40 as long as it does not contain any petroleum-based additives.

  • A: No, the proof can be held at the corporate office.

  • A: In all of these situations, the food is considered prepared food and must comply with the ordinance restrictions. Whether or not a food is considered prepared or prepackaged depends on when it was packaged. If a prepared food is packaged after being ordered, then it is a prepared food. If a prepared food is prepackaged prior to being provided for sale, then it is a prepackaged food.

  • A: Food ware for prepared food is regulated, while food ware for raw seafood is exempt. By definition, poke is considered prepared food; therefore it is not exempt. Raw seafood includes seafood that is not ready to be consumed and that needs further preparation (example: whole fish or fillets). If poke is prepackaged prior to being provided for sale, it is exempt.

  • A: To verify compliance, ENV will investigate complaints from the public as well as conduct random inspections of food vendors and affiliated businesses. For those found to be in violation, a Notice of Violation (NOV) is given as a warning. The establishment will be ordered to discontinue distribution or sale of the prohibited items, and ENV will assist the establishment in becoming compliant. If the violation continues despite the NOV, the establishment will be issued a Notice of Order (NOO), which includes a civil fine of $100 to $1000 for each day of violation.

Disposable Food Ware Ordinance (Bill 40/Ordinance 19-30) – Frequently Asked Questions

There have been a number of questions from businesses regarding compliance with Bill 40 (Ordinance 19-30) on Oahu. This document is meant to address some of the frequently asked questions regarding the ban. For information about the ordinance, visit the website maintained by the Department of Environmental Services.

Bill 40 Summary

Bill 40 bans the following:

  • Plastic, handled takeout bags at restaurants

  • Disposable plastic service ware to customers. Plastic service ware is stirrers, straws, baran, and utensils including forks, spoons, sporks, and knives.

  • Polystyrene foam food ware for food vendors. Polystyrene foam food ware is hot and cold beverage cups, cup lids, plates, bowls, bowl lids, "clamshells," trays, or other hinged or lidded containers, that are made of polystyrene foam.

  • Disposable plastic food ware for food vendors. Plastic food ware is hot and cold beverage cups, cup lids, plates, bowls, bowl lids, "clamshells," trays, or other hinged or lidded containers that contain plastic. The term does not include disposable plastic condiment packets; food-related bags or wrappers, including, but not limited to, musubi wraps, plastic film, poi bags, chip bags, cracker and cookie wrappers, bread bags, meal kits, or ice bags; beverage-related bottles or cartons; non-plastic cups that contain a polyethylene or plastic coating; packaging for unprepared food; and packaging for wholesale distribution of prepared food, baked goods or dairy products.

  • Any business from selling within the City & County of Honolulu polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware. There are certain exemptions to this listed in the bill.

This bill also requires disposable service ware to only be provided upon request or in a self-service area or dispenser starting 1/1/21. View the full text of the version of the bill that passed.

Plastic Bans