Nikki Fried, Commissioner of the Florida Department of Agriculture and Consumer Services has initiated a rulemaking process to phase-out polystyrene packaging for food use over a ten-year period.  The draft rule 5K-4.045 will soon be released and will mandate an annual report on the amount of polystyrene sold or distributed in Florida from 2022 onwards.  The final rule will be enforced through statutory authority extended to the Department under Chapter 500.90 of Florida statutes.

Commissioner Fried announced the initiative at a press conference attended by a number of environmental groups. Statements that polystyrene is “linked to serious health conditions by leaching into food and beverages” are inconsistent with the use of polystyrene for egg packaging.  It is however recognized that polystyrene is not biodegradable and persist in landfills, waste dumps and also in rivers and oceans.

The proposed rule does not take into account the possibility of recycling that should be considered since remanufactured product does not enter the waste stream. Taking into account the negative aspects of polystyrene relating to pollution of marine and terrestrial environments, selection of alternative packing materials is justifiable unless recycled.  The contention that polystyrene foam is linked to “cancer, vision and hearing loss, birth defects and damage to other organs” is disingenuous and is a gross misinterpretation of scientific data.  Pure water is toxic if consumed in sufficient quantity.

In evaluating the intent of phasing out polystyrene for food packaging together with the announcement in the presence of media and environmental activist groups one may assume that the initiative is designed to buttress the ‘green” credentials of the Commissioner and advance her political ambitions in the State.