The City of West Hollywood has a history of adopting environmentally
progressive policies and laws intended to reduce West Hollywood's
environmental footprint and reduce the amount of plastic polluting
oceans and landfills. Numerous studies have shown that the amount
of plastic production and use continues to substantially increase
worldwide. The vast majority of all plastic produced – seventy-nine
percent – is accumulating in landfills or becoming litter. Nearly
every piece of plastic still exists on Earth, regardless of whether
it has been recycled, broken down into microscopic bits, or discarded
into the ocean. Food and beverage single-use disposable foodware accessories
also make up approximately twenty-five percent of all waste produced
in California. In 2018, California became the first state to ban dine-in
restaurants from giving customers plastic straws unless plastic straws
are requested (Assembly Bill 1884). In 2021, California went even
further to ban a food facility for on-premises dining or when using
a third-party food delivery platform, from providing single-use foodware
accessories by June 1, 2022, such as utensils, chopsticks, napkins,
condiment cups and packets, straws, stirrers, and splash and cocktail
sticks, without first obtaining a request from a consumer subject
to identified exceptions (Assembly Bill 1276). The City Council finds
and declares that the purpose of this chapter is to expand on existing
state law by also prohibiting any food facility from providing non-compostable
single-use foodware accessory items to consumers in an effort to further
reduce waste and litter consistent with the City of West Hollywood's
longstanding commitment to support green and sustainable business
practices in the interest of the health, safety, and welfare of all
who live, work, and do business in West Hollywood.
(Ord. 22-1176 § 2, 2022)
For purposes of this chapter, the following terms shall have
the following meanings:
shall mean the same as defined in Title 5 (Business Licenses,
Regulations and Permits) of this code.
shall mean the same as defined in Title 5 (Business Licenses,
Regulations and Permits) of this code.
shall mean a person who is a member of the public, takes
possession of food, is not functioning in the capacity of an operator
of a food facility, and does not offer the food for resale.
shall mean any business or business activity in the City
of West Hollywood that requires the following:
Business license to operate a public eating place or food establishment
or peddler or sidewalk vendor selling or offering food or beverages
pursuant to Title 5 (Business Licenses, Regulations and Permits) of
this code;
Commercial activity where food or beverages are sold, offered,
or provided and conducted in accordance with a temporary business
license issued pursuant to Title 5 (Business Licenses, Regulations
and Permits) of this code;
Events conducted in accordance with a special event permit,
including, but not limited to, a certified farmers' market, swap meet,
street fairs, outdoor concerts, sport league opening day, and business
sidewalk sales that include the sale or offering of food or beverages
pursuant to Title 19 (Zoning Ordinance) of this code; and
City sponsored events and facilities where food or beverages
are sold, offered, or provided.
shall mean designed to be used once and then discarded, and
not designed for repeated use and sanitizing.
shall mean all of the following single-use items:
Utensils, which is defined as forks, knives, spoons, chopsticks,
and sporks;
Cups and condiment cups;
Straws, stirrers, splash sticks, and cocktail sticks;
Containers, lids, and bowls; and
Plates, napkins, cup lids, cup sleeves, food or beverage trays,
condiment packets and saucers, spill plugs, and toothpicks.
(Ord. 22-1176 § 2, 2022)
Food facilities shall not provide single-use foodware accessories to a consumer unless those accessories meet the compostability standards set forth in Section 15.76.040, as follows:
a.
A food facility that employs more than five hundred employees in the United States, regardless of where those employees are employed in the United States, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than five hundred employees in the aggregate in the United States, shall comply with this Section 15.76.030 after December 31, 2022; and
(Ord. 22-1176 § 2, 2022)
Single-use foodware accessories that are provided to consumers
must be accepted by the City of West Hollywood's municipal compost
collection programs as certified by the Biodegradable Product Institute
or other independent third party certifying organization or agency
recognized by the city. The city will maintain on its website a list
of suppliers that offer single-use foodware accessories that comply
with this chapter. Any changes made to the list of single-use foodware
accessories that comply with this chapter shall become effective at
least ninety days from the date notification of such change is sent
by the city.
(Ord. 22-1176 § 2, 2022)
a.
Food
facilities located outside of the boundaries of the City of West Hollywood
that deliver food or beverages inside the boundaries of the City of
West Hollywood are exempt from the provisions of this chapter.
b.
The
City Manager, or designee, may exempt a food facility from the requirements
of this chapter for a one-year period, upon a showing by the applicant
that the conditions of this chapter would cause undue hardship. The
phrase "undue hardship" shall be construed to include, but not be
limited to, situations where compliance with the requirements of this
chapter would deprive a person of a legally protected right or due
to market constraints where products are not commercially available.
c.
The
City Manager is hereby authorized to make and promulgate any rules
and regulations necessary to implement the requirements of this section.
(Ord. 22-1176 § 2, 2022)
a.
The
City Manager, or designee, shall enforce the provisions of this chapter.
Nothing in this chapter shall be construed to create a private cause
of action. The City Manager, or designee, shall be authorized to establish
regulations and to take any and all action reasonable and necessary
to enforce this chapter, including, but not limited to, inspecting
the premises of any food facility to verify compliance.
b.
If
the City Manager, or designee, determines that a violation of this
chapter has occurred, he or she will issue a written warning notice
to the operator of the provider indicating that a violation has occurred
and the potential penalties that will apply for future violations.
c.
Any person that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be subject to the administrative citation procedures in Chapter 1.08 of this code.
d.
The
City Attorney may seek legal, injunctive, or other equitable relief
to enforce this chapter.
e.
Each
violation of this chapter shall be considered a separate offense.
f.
The
remedies and penalties provided in this section are cumulative and
not exclusive, and nothing in this chapter shall preclude any person
from pursuing any other remedies provided by law.
g.
For purposes of complying with Section 15.76.030, a food facility using or distributing any single-use food accessory shall maintain acceptable documentation about the composition of the single-use food accessory items being used or distributed and provide to an enforcement officer upon request. Acceptable documentation includes information provided by the supplier or manufacturer, information provided on the bulk packaging label, certifications recognized by the city or any other relevant information establishing that the single-use food accessory items are compliant with this chapter.
(Ord. 22-1176 § 2, 2022)
Nothing in this chapter is intended to create any requirement,
power, or duty that is in conflict with any federal or state law.
(Ord. 22-1176 § 2, 2022)
