This chapter shall be known as "Single-Use Foodware Accessories and Condiments" and may be so cited.
(Ord. 1692 § 3, 2022)
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 provided by certain food establishments and vendors be made available to customers upon request only.
(Ord. 1692 § 3, 2022)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings designated in this section.
"AB 1276"
AB 1276 (Chapter 505, Statutes of 2021) regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer.
"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.
"Digital ordering platform"
means the digital technology provided by an website or mobile application used by customers of food facilities to order food and/or schedule food delivery.
"Food facility"
means any business, organization, entity, group, or individual (or any combination thereof) providing prepared food and/or beverages for public consumption on or off its premises within the City of Woodland.
"Refillable self-service dispenser"
means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion, and which dispense one item at a time to allow for single-use foodware accessories to be obtained.
"Single-use foodware accessory" or "single-use foodware accessories"
means all of the following single-use items provided alongside ready-to-eat food by a food facility: utensils (including, but not limited to, forks, knives, spoons, and sporks); chopsticks; condiment cups and packets; straws; stirrers; splash sticks; and cocktail sticks.
(Ord. 1692 § 3, 2022)
A. 
Food facilities shall only distribute single-use foodware accessories and condiments upon the request of the customer.
B. 
Single-use foodware accessories and condiments packaged for single use provided by food facilities for use by customers shall not be packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or condiment desired without taking a different type of single-use foodware accessory or standard condiment.
C. 
Food facilities shall instruct employees to inform customers that single-use foodware accessories and standard condiments are only available upon request.
D. 
A digital ordering platform, whether operated by a third party or by a food facility, shall include a statement that communicates that single-use foodware accessories are offered only upon request, and shall provide users with the option to select the single-use foodware accessories and condiments that they want. If a food facility uses any digital ordering platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and condiments, and only those single-use foodware accessories and condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessory or condiment, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
E. 
Food facilities are encouraged, but not required, to take actions in addition to the requirements of this section that support the goal of reducing the use of and waste generated by all single-use foodware accessories and condiments.
(Ord. 1692 § 3, 2022)
A. 
Nothing in this chapter shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.
B. 
A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
C. 
A food facility that is located entirely within a public use airport, as defined in 14 CFR Section 77.3, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the singleuse foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
D. 
This chapter shall not apply to the following institutions or facilities:
1. 
Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
2. 
Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
3. 
Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
4. 
Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.
(Ord. 1692 § 3, 2022)
A. 
The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of $25.00 for each day in violation, but not to exceed an amount of $300.00 annually.
B. 
The City may issue an administrative citation for a violation that would otherwise be an infraction under subsection A of this section. The City's procedures on the imposition of administrative fines under Chapter 9.20 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, as authorized by California Government Code Section 53069.4.
C. 
The City Manager, or his/her 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. The City Manager, or his/her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter, including, without limitation, performing an inspection of a retail establishment's premises to verify compliance with 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. 1692 § 3, 2022)