New plastic ordinance to go into effect on January 1, 2020

On July 23, 2019, Seabrook Island Town Council gave final approval to Ordinance 2019-08 entitled: “An ordinance prohibiting the distribution of single-use plastic carryout bags, plastic straws, and polystyrene coolers, cups and other food containers by any business establishment operating in the Town of Seabrook Island.” 

With the adoption of Ordinance 2019-08, the Town of Seabrook Island has joined a growing list of communities across the State of South Carolina which have banned single-use plastic bags, food and beverage containers, service ware, straws and polystyrene foam products. Other jurisdictions with similar restrictions include: Arcadia Lakes, Beaufort, Bluffton, Camden, Charleston, Edisto Beach, Folly Beach, Hilton Head Island, Isle of Palms, James Island, Kiawah Island, Mount Pleasant, North Myrtle Beach, Port Royal, Sullivans Island, Surfside Beach, and Beaufort and Charleston Counties. The Town of Seabrook Island’s new ordinance will go into effect on January 1, 2020.

The requirements of Ordinance 2019-08 will apply to all business establishments operating in the Town of Seabrook Island. A “business establishment” is defined as: “Any enterprise that sells or offers goods or merchandise to its customers through its employees, independent contractors associated with the business, or volunteers acting on behalf of the enterprise. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other form of legal entity whether for profit or not for profit, including those referenced and identified as a food provider.”

Beginning January 1, 2020, the sale and/or distribution of the following types of products and materials by business establishments in the Town will be restricted by Ordinance 2019-08: 

• Single-Use Plastic Carryout Bags. A carryout bag provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases or merchandise offered as a gift, sample or prize, which is made predominantly of plastic film derived from either petroleum or a biologically based source. “Single-use plastic carryout bag” includes compostable plastic film bags, but does not include plastic film bags with a thickness of 2.25 mils or more.

• Food and Beverage Containers and Service Ware. Food and beverage containers and service ware includes, but is not limited to, bowls, plates, trays, cartons, clamshell containers, cups, straws, stirrers, utensils, napkins and other items designed for one-time use associated with foods and beverages (including alcoholic beverages), and including without limitation, food containers and service ware for carryout (takeout) foods and/or leftovers from partially consumed meals prepared by food providers.

• Polystyrene. A type of plastic derived from the distillation of hydrocarbons and formed into polystyrene foam, regular polystyrene plastic, or polystyrene film by any number of techniques.  Polystyrene includes expanded polystyrene foam (EPS) and extruded polystyrene foam (XPS).  EPS includes the most well-known and common types of polystyrene foam to include Styrofoam.  Polystyrene film, when stretched into a clear and rigid form, is referenced as oriented polystyrene (OPS).  Polystyrene is identified with the number six (6) in the “chasing arrows” recyclability symbol. 

• Non-Encapsulated Polystyrene Foam Coolers. Coolers in which Polystyrene foam is not wholly encapsulated or encased by a durable material. 

​Below is a table illustrating the types of plastic materials which will be prohibited by the Town Code, pursuant to Ordinance 2019-08:

For additional information related to exemptions from the plastic ban, enforcement and penalty provisions, and procedures for requesting an exemption from the ban, please refer to Ordinance 2019-08.

If you have any questions about the town's new plastic restrictions, please feel free to contact us by phone at (843) 768-9121 or by email at [email protected].