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Hawaii County, HI Trash & Recycling: Recycling Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Polystyrene foam ware
Banned countywide for food service
Alternative required
Recyclable or compostable product
Certification standard
BPI or similar ASTM certifier
Hardship exemption
Up to 180 days, director-approved
Civil fine
Up to $1,000 per day
Criminal penalty
Up to $1,000 fine + 30 days jail

Summary

Hawai'i County bans polystyrene foam food service ware outright and requires every food vendor and County facility user to switch to a recyclable or compostable product under Sections 20-05-01 and 20-05-02. Disposable cups, plates, bowls, and clamshell containers must be independently certified compostable or genuinely recyclable, not just labeled "eco-friendly." The Department of Environmental Management enforces the mandate through Chapter 20's civil and criminal penalties.

These county ordinances apply to unincorporated areas of Hawaii County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Food providers and County facility users are prohibited from providing food in disposable food service ware that is made from polystyrene foam. ... (a) All food vendors using any disposable food service ware shall use a suitable recyclable or compostable product. (b) All County facility users shall use a suitable recyclable or compostable product for disposable food service ware.

Full Breakdown

" Section 20-05-02 goes further: every food vendor using any disposable food service ware, and every County facility user, must use a "suitable recyclable or compostable product" instead, with certification required from an independent third party such as the Biodegradable Products Institute or a similar ASTM-recognized certifier under the chapter's definitions (Section 20-01-03). Three categories are automatically exempt under Section 20-05-03(a): food packaged outside Hawai'i County, reusable coolers and ice chests, and packaging for raw meat, poultry, seafood, and eggs that have not been further processed.

Beyond those, the director may grant an individual food vendor or County facility user a hardship exemption lasting up to one hundred eighty days when compliance would cause undue hardship unique to that operator, based on a written application with supporting documentation (Section 20-05-03(b)(1)-(3)); the director's approval, denial, or partial denial can be appealed to the Environmental Management Commission, and every granted exemption must be posted publicly on the department's website. The mayor separately may suspend the entire article during a declared emergency that threatens public peace, health, or safety, lasting only until the emergency ends (Section 20-05-03(c)).

Because Article 5 sits inside Chapter 20, violations run through the same enforcement track as every other solid waste rule: the director can issue a notice of violation carrying a civil fine up to $1,000 plus up to $1,000 for each day of continued noncompliance (Section 20-02-22), and a criminal conviction is a petty misdemeanor punishable by a fine up to $1,000 and up to thirty days in jail (Section 20-02-23).

Violations & Fines

Selling or serving food in banned polystyrene foam ware, or using disposable food service ware that isn't certified recyclable or compostable, violates Sections 20-05-01 and 20-05-02. The director's notice of violation under Section 20-02-22 can carry a civil fine up to $1,000 plus up to $1,000 per additional day the violation continues; a criminal case under Section 20-02-23 is a petty misdemeanor with a fine up to $1,000 and up to thirty days imprisonment, with each day of continuance charged as a new offense.

Frequently Asked Questions

Is Styrofoam takeout packaging illegal in Hawai'i County?
Yes. Section 20-05-01 prohibits food providers and County facility users from serving prepared food in disposable service ware made from polystyrene foam, the material commonly sold as Styrofoam. There is no minimum size or business-type carve-out in the ban itself; only the specific exemptions in Section 20-05-03 apply.
What certification do compostable cups and containers need?
Section 20-05-02 requires food vendors and County facility users to use recyclable or compostable disposable food service ware, and the code's definitions section requires compostable products to carry independent third-party certification from the Biodegradable Products Institute or a similar ASTM-recognized certifier, not just a manufacturer's own claim.
Can a restaurant get out of the recyclable-packaging requirement?
Only through a director-approved hardship exemption under Section 20-05-03(b), capped at one hundred eighty days and granted only where compliance creates undue hardship unique to that vendor; the vendor must document the hardship, and a denial can be appealed to the Environmental Management Commission.
What foods are automatically exempt from the packaging rule?
Section 20-05-03(a) exempts food packaged outside Hawai'i County, reusable coolers and ice chests intended for reuse, and packaging for raw meat, poultry, seafood, and eggs that have not been further processed; prepared items such as poke or sashimi do not qualify for this carve-out.

Sources & Official References

Other rules in Hawaii County

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