2023 Waste Reduction Resources

Check out the resources below to help your retail food service establishment comply with the 2023 waste reduction regulations in the City of Bainbridge Island. A list of frequently asked questions is also available as a PDF and will be updated as new questions are received. 

• Onsite dining requirements (PDF - English)
• Requisitos para comer en el lugar (PDF - Spanish) 
• To-go food and beverage container requirements (PDF - English)  
• Contenedores para llevar (PDF - Spanish)
• $0.25 fee requirements for disposable cups (PDF - English)
• Contenedores de bebidas para llevar (PDF - Spanish) 
• Why reduce single-use plastic waste? (PDF - English)
• ¿Por qué reducir los plásticos de un solo uso? (PDF - Spanish) 

Can businesses use up existing products that are not home compostable? 

Businesses were given permission to request an additional 3-month extension to use up their existing supply of non-home compostable food and beverage packaging for to-go orders (through June 30, 2023). The application closed on April 14, 2023. 17 businesses were granted the 3-month extension.

Purchasing Guide for Retail Food Establishments

View example, compliant options for disposable, home compostable food service ware, reusable options, and available discounts for local businesses. This guide also includes a list of temporarily exempted products (i.e., those products for which there are not currently at least two readily available home compostable alternatives). 

Purchasing Guide (Excel file will automatically download)

Please note: 

• This guide has multiple tabs located at the bottom of the Excel file. 
• This guide does not provide an exhaustive list of all compliant product options. It provides a sample of compliant product options currently available in the market. 

Requesting a Waiver for Onsite, Reusable Food Service Ware Requirements

Businesses without onsite or off-site dishwashing capacity may petition the City for a full or partial one-year waiver. The business must demonstrate an inability to comply due to insurmountable space constraints, undue financial hardship, and/or other extraordinary circumstances. Waivers may be granted for a partial or full one year term. Granting of a waiver is at the sole discretion of the City Manager or their designee and is not subject to appeal.

Onsite Dining- Waiver Request Form (PDF - English); Please visit City Hall if you prefer a physical copy

Requesting a Temporary Exemption for Home Compostable Food Service Ware Products

Businesses may request a temporary waiver for any product that does not have at least two vendors that make readily available home compostable alternatives. Granting of a temporary exemption is at the sole discretion of the City Manager or their designee and is not subject to appeal. Please note: Any replacement for an item that is temporarily exempt MUST be certified to be compostable in an industrial composting facility in a timely manner (i.e., look for BPI/CMA certification) and/or eligible to be accepted for recycling by your establishment's recycling and/or compost collection service. Polystyrene is still banned if an item is temporarily exempt.

Temporary Exemption for Home Compostable Products (Microsoft form)

Temporary Exemption for Home Compostable Products  (PDF - English); Please visit City Hall if you prefer a physical copy 

Requesting City Review of Home Compostable Certifications & Organizations 

If your business has identified a product that is made of natural fibers and free of all intentionally added fluorinated chemicals that is certified by an organization other than BPI, CMA or OK Compost HOME, you can submit a request for City review of that product to see if it meets our home compostable standard. City staff will review and respond to requests within 30 days.  

Request for Third Party Certification for Home Compostable Product (Microsoft form)

Request for Third Party Certification for Home Compostable Product (PDF - English); Please visit City Hall if you prefer a physical copy  

Information Regarding Reusable Cups and Containers  

Reusable Cups: Customers may provide their own reusable cups for beverage service in accordance with the Retail Food Code, WAC 246-215-03348. Reusable cups must be clean, sturdy, and appropriately insulated if ordering hot beverages. 

Reusable Containers for Food: Retail food establishments may not refill consumer-owned containers* without a written, approved plan as required in the Retail Food Code, WAC 246-215-03348. Food establishments can submit a written plan for Kitsap County's health inspector to approve to allow consumers and employees to refill visibly clean consumer-owned containers with food. Visit the Washington State Department of Health website to complete a plan for the refilling of consumer-owned containers. Review guidance from the Kitsap Public Health District on refilling reusable containers to learn more. 

*Exceptions: 

• A written, approved plan is not required for retail food establishments to refill a consumer-owned beverage container if a contamination-free dispensing system is used by an employee or the customer; if the container is returned to the same customer; if the container can be rinsed with fresh, running hot water at the food service establishment; or if a container of any kind is refilled at a water vending station. 
• A separate plan is not required for dine-in customers to fill a personal container with their portioned meal from their individual meal service (such as a dinner entrée on their plate). 

Please contact ZeroWaste@bainbridgewa.gov with questions or for more information.

Temporarily Exempted Products

The following is a list of disposable food service ware items that are temporarily exempt from the home compostable requirement (as of April 6, 2023). All items are exempted from the home compostable requirements until December 31, 2023. This list will be updated as requests are received and reviewed. 

*Indicates items that City staff pre-selected for temporary exemptions based on an initial review of home compostable product options.

Does your business have a product that needs to file for a temporary exemption?

Businesses may request a temporary exemption for any product that does not have at least two vendors that make readily available home compostable alternatives. Granting of a temporary exemption is at the sole discretion of the City Manager or their designee and is not subject to appeal. Please fill out the form below to request a temporary exemption. 

Temporary Exemption for Home Compostable Products (Microsoft form)

Temporary Exemption for Home Compostable Products  (PDF - English); Please visit City Hall if you prefer a physical copy 

Products to Use if Granted a Temporary Exemption 

Any replacement for an item that is temporarily exempt MUST be: 

1. certified to be compostable in an industrial composting facility in a timely manner (i.e., look for BPI/CMA certification) and/or
2. eligible to be accepted for recycling by your establishment's recycling and/or compost collection service. 

To view potential alternative products, please open the "Home Compostable Disposables" tab in the Purchasing Guide and scroll down for more information on alternatives for temporarily exempted items. Please note, expanded polystyrene-based food service ware (i.e., plastics #6 and Styrofoam) is not allowed for any prepared food.

All retail food establishments were granted a temporary extension to use up their existing supply of non-home compostable, disposable food service ware for to-go orders through March 31, 2023. During Business Ambassador visits in early 2023, many businesses shared that they still had a significant supply of disposable food service ware. All businesses were given the opportunity to apply for a second 3-month extension to use up their existing supply of non-home compostable to-go food service ware through June 30, 2023. The application process closed on April 14, 2023, and a total of 17 businesses requested, and were granted, the 3-month extension as noted below. 

• Amelia Wynn Winery Bistro
• Aunty Dolly's West African Cuisine
• Bainbridge Organic Distillers
• Bene Pizza
• Bon Bon Candies
• Historic Lynwood Theatre
• Island Cool LLC
• Jake's Pickup
• Pane d' Amore
• Sawadty Thai Cuisine
• Sawan Thai
• Streamliner Diner
• Sweet Dahlia Baking, LLC
• Treehouse Cafe
• Via Rosa 11
• Walt's Lynwood Market
• WIT Industries, LLC DBA Bainbridge Subway

The businesses above can continue to use non-home compostable, disposable food service ware for to-go-orders only through June 30, 2023.  Any retail food establishments not on this list are required to use home compostable food service ware for all to-go orders.^* 

^*Note: some items have been granted a temporary exemption through the end of 2023. See the “Temporarily Exempted Products” tab for more information.

Beginning January 1, 2023 all retail food establishments on Bainbridge Island must charge a $0.25 fee for disposable cups. Customers may provide their own reusable cups for beverage service in accordance with the Retail Food Code, WAC 246-215-03348. These reusable cups must be clean, sturdy, and appropriately insulated if ordering hot beverages such that they can be held in the customer’s bare hand if intended to be used for hot liquids. 

• $0.25 fee requirements for disposable cups (PDF - English)
• Contenedores de bebidas para llevar (PDF - Spanish) 
• Point of sale display for $0.25 fee in multiple languages (PDF)
• $0.25 fee requirements flyer in multiple languages (PDF) 
• December 2022 BI Review Newspaper Ad - Is Your Mug Ready? (PDF)

Do businesses have to collect the $0.25 disposable cup fee? 

Yes, as of January 1, 2023, all retail food establishments on Bainbridge Island must charge a $0.25 fee for disposable cups.

How will customers be notified about the fee?

Charges for disposable cups shall be identified separately on any post-sale receipt provided and, presale, shall be clearly identified for the customer on media such as menus, ordering platforms, and/or menu boards. Customers placing orders by telephone shall be informed verbally of the single-use cup charge at the time of the placement of the order. The City is providing local businesses with free, 5x7 cards with information about the fee available in English, Spanish, Mandarin and Japanese for placement by business registers. 

What happens to the $0.25 disposable cup fee? 

This disposable cup charge is retained by the retailer to help offset some of the cost associated with providing a home compostable disposable cup and to incentivize customers to bring their own reusable cup. 

Do businesses have to collect sales tax on the $0.25 disposable cup charge? 

Yes, this charge is considered a retail sale. Therefore, the amount of the charge is subject to retail sales tax even if all the goods being purchased are exempt from sales tax (e.g., food items). 

Do businesses have to report the $0.25 disposable cup charge as income? 

Yes, this charge is considered a retail sale. Therefore, the amount of the charge must be reported under the Retailing business and occupation (B&O) tax classification and under the Retail Sales Tax classification. However, the retailer can take a deduction for Compliant Disposable Cup Charge for this charge, so the retailer does not pay B&O tax on the charge. 

Do businesses have to accept reusable, customer cups? 

Retail food establishments may refuse to use, at their sole discretion, any customer-provided cup that is cracked, chipped, or corroded, appears inappropriate in size, material, or condition for the intended beverage, or that appears to be soiled or unsanitary, and instead require use of a reusable cup provided by the establishment for any beverage consumed on the premises, or an establishment-provided disposable cup that conforms to the standards outlined in BIMC 8.24.010.

When does the $0.25 disposable cup fee not apply?

Retailers do not need to charge the fee when providing free drinking water upon request to customers in a small, unlined paper cup. This fee does not apply to nonprofit entities or entities providing services on behalf of a nonprofit that operate as a retail food establishment for less than 10 days per calendar year.

Requesting a Waiver for Onsite, Reusable Food Service Ware Requirements

Businesses without onsite or off-site dishwashing capacity may petition the City for a full or partial one-year waiver. The business must demonstrate an inability to comply due to insurmountable space constraints, undue financial hardship, and/or other extraordinary circumstances. Waivers may be granted for a partial or full one year term. Granting of a waiver is at the sole discretion of the City Manager or their designee and is not subject to appeal. To request a temporary waiver, please complete the form below. 

Onsite Dining- Waiver Request Form (PDF - English); Please visit City Hall if you prefer a physical copy

Businesses with Waivers for Onsite Dining:

• Town & Country Market (until July 31, 2023)
• Bainbridge Cinemas (until December 31, 2023)
• Lynwood Cinemas (until December 31, 2023)
• McDonalds (until May 31, 2023)
• Bainbridge Island Farmer's Market (until November 30, 2023)
• Arts and Humanities Bainbridge's Moonlight Market (until October 7, 2023)

As of January 1, 2023, all single-use food service items must be home compostable. Single-use food service products can only be provided for offsite dining and include:

• Utensils
• Straws/stirrers
• Condiments in packaging
• Beverage cups and/or lids (beverage cup lids for hot beverages or beverages for delivery, drive-thru, or curbside pickup are still allowed without customer request)

The following rules that took effect on January 1, 2022 are still applicable for Bainbridge Island businesses in 2023: 

• Businesses can’t leave out bins with single-use food service items for customers to take on their own.
• Single-use food service items can’t automatically be placed in to-go orders but are available for customers who ask for them or respond “yes” to a business offering them.
• Single-use food service items are still available for customers who ask for them or respond “yes” to a business offering them but only for to-go orders. 

Effective January 1, 2023:

• the distribution of single-use personal care products not packaged in “home compostable packaging” is prohibited in lodging establishments
• the use of refillable dispensers for personal care products is encouraged in lodging establishments

Check out the resources below to help your lodging establishment comply with the 2023 waste reduction regulations in the City of Bainbridge Island. 

• Personal care product packaging requirements (PDF - English) 
• Establecimientos de hospedaje - productos de cuidado personal (PDF - Spanish)
• Why reduce single-use plastic waste? (PDF - English)
• ¿Por qué reducir los plásticos de un solo uso? (PDF - Spanish)

Purchasing Guide for Lodging Establishments

View example, compliant options for personal care products with home compostable packaging and refillable, reusable options. 

Purchasing Guide  (Excel file will automatically download)

Please note: 

• This guide has multiple tabs located at the bottom of the Excel file. 
• This guide does not provide an exhaustive list of all compliant product options. It provides a sample of compliant product options currently available in the market. 

Please contact ZeroWaste@bainbridgewa.gov with questions or for more information.

City Council adopted new regulations to reduce single-use plastic waste, effective January 1, 2023. These regulations are intended to: 

• Reduce single-use plastic waste
• Improve the health and safety of our community members
• Keep our waterways clean and safe

Learn more about what PFAS are and why they are bad for you (PDF - English). 

As a customer, you can do your part by pledging to Erase the Waste and supporting local businesses that took the pledge to reduce their use of single-use plastics before the new regulations went into effect. Learn more about steps you can take to support waste reduction efforts below. 

Take the Customer Pledge to Erase the Waste

$0.25 Disposable Cup Fee

Beginning January 1, 2023 all retail food establishments of Bainbridge Island must charge a $0.25 fee for disposable cups. As a customer, you can save money and reduce waste by bringing your own reusable cup when visiting food establishments. Looking for more ways to reduce waste? Check out the information below and the "Eat Green and Waste Less" actions in the Bainbridge Island Climate Smart Challenge. 

Properly Dispose of To-Go Food Containers

As of January 1, 2023, all to-go food service ware items at retail food establishments on Bainbridge Island must be home compostable (i.e., able to break down in your backyard compost bin). These items can be placed in your home compost pile or your Bainbridge Disposal yard waste cart. **Please note that some businesses have until June 30, 2023 to use up existing supplies of non-home compostable food service ware items for to-go orders.** 

While there are lots of home compostable products available, there aren’t home compostable options for every type of container used to transport to-go food and beverage items. The City has granted temporary exemptions for those products where there are not at least two vendors that make suitable and readily commercially available home compostable alternatives. You can view a list of temporarily exempted products in the Temporary Exemptions tab in the Purchasing Guide (this Excel spreadsheet will automatically download).  

Products that have received a temporary exemption must be certified to be compostable in an industrial composting facility in a timely manner and/or eligible to be accepted for recycling. These products cannot be placed in your Bainbridge Disposal yard waste cart. The resources below provide guidance on which products can be recycled or composted on Bainbridge Island. 

• Bainbridge Disposal Residential Curbside Recycling Guide
• Bainbridge Disposal Residential Curbside Compost and Yard Waste Guide 
• Sustainable Bainbridge’s Recycling Resources (explore specialty item reuse and recycling options, including Ridwell)
• Recycling Right in Kitsap County

When in Doubt, Find Out! If you are unsure whether a product can be recycled or composted, check with Bainbridge Disposal using the links above. 

Concerned a business may not be in compliance with the new waste reduction regulations?

You can report businesses that don’t appear to be following the new waste reduction regulations by submitting a report of non-compliance on See, Click, Fix.

Before you submit a report, please note:

• Some businesses on Bainbridge Island can use up existing food service ware supplies for to-go orders through June 30, 2023 without incurring penalties. To find a list of applicable businesses, please see the Businesses Granted Temporary Extension tab above. If you notice a business not complying during this time, please refrain from submitting a report of non-compliance.
• Some to-go containers have been granted temporary exemptions for the home compostable requirements due to a lack of readily available products. To find a list of products that have been granted a temporary exemption, please see the Temporarily Exempted Products section above. 
• Businesses may also request a temporary waiver for the reusable food service ware requirements for onsite dining. Please see the Temporary Waivers for Onsite Dining Requirements section above for a list of businesses currently granted a temporary waiver. 

Have questions? Contact ZeroWaste@bainbridgewa.gov.