The City Council finds and declares that the purpose of this chapter is to comply with AB 1276 and mandate that all single-use foodware accessories and standard condiments be made available upon request only.
(Ord. 2022-501 §1)
"Food facility"
means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
"Refillable self-service dispenser"
means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.
"Single-use foodware accessories"
means disposable products intended for single use or a limited number of uses, used in the restaurant and food service industry for serving or transporting prepared, readyto-consume food or beverages. Single-use foodware includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, stirrers, lid plugs, lids, and utensils. This does not include disposable packaging for unprepared foods.
"Standard condiment"
means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
"Third-party food delivery platform"
means a business engaged in the service of online food ordering and delivery from a food facility to a consumer.
(Ord. 2022-501 §1)
A. 
A food facility shall only distribute single-use foodware accessories and standard condiments upon the request of the customer, unless a local, County or State emergency order is in effect requiring distribution of such single-use foodware accessories and standard condiments. However, employees are not prohibited from asking drive-through customers if they would like any single-use foodware accessories or standard condiments and providing the amount requested by the customer.
B. 
A food facility using a third-party food delivery platform shall list on its menus the availability of single-use foodware accessories and standard condiments and only provide those items when requested.
C. 
Single-use foodware accessories and standard condiments packaged for single use provided by a food facility for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(Ord. 2022-501 §1)
A. 
This chapter shall not apply to refillable self-service dispensers. A food facility may therefore make standard condiments and single-use foodware accessories available for customers to obtain as needed. A food facility is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
B. 
This chapter shall not apply to the following institutions or facilities, as defined under California Public Resources Code Section 42273:
1. 
Correctional institutions, which has the same meaning as in California Penal Code Section 7502.
2. 
Health care facilities licensed pursuant to Health and Safety Code Section 1250, et seq., or facilities that are owned or operated by a health care service plan licensed pursuant to Health and Safety Code Section 1340, et seq.
3. 
Residential care facilities licensed pursuant to Health and Safety Code Section 1200, et seq.
4. 
Public and private school cafeterias, as referenced in Health and Safety Code Section 113789(b)(1).
(Ord. 2022-501 §1)
A. 
Unless otherwise provided for in this chapter, the City's procedures for imposition of administrative fines, Chapter 1.11 is hereby incorporated in its entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter.
B. 
The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall be punishable by a fine of $25.00 for each day in violation, but not to exceed an amount of $300.00 annually.
C. 
The Director of Public Safety, or designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of any provision of this chapter.
D. 
The remedies and penalties provided in this chapter are cumulative and not exclusive, and nothing in this chapter shall preclude the City from pursuing any other remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure developed pursuant hereto.
(Ord. 2022-501 §1)