Hawaii County, HI Trash & Recycling: Recycling Rules (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.
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?
What certification do compostable cups and containers need?
Can a restaurant get out of the recyclable-packaging requirement?
What foods are automatically exempt from the packaging rule?
Sources & Official References
Other rules in Hawaii County
Compare Hawaii County to another location·View the Hawaii trash & recycling overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.