Today's Law As Amended

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SB-705 Solid waste: expanded polystyrene food service containers.(2017-2018)



SECTION 1.

 Chapter 6.8 (commencing with Section 42398) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  6.8. Ocean Pollution Reduction Act of 2017
42398.
 This chapter shall be known, and may be cited, as the Ocean Pollution Reduction Act of 2017.
42398.1.
 For the purposes of this chapter, the following terms have the following meanings:
(a) “Expanded polystyrene food service container” means a single-use rigid container made primarily of expanded polystyrene and used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged containers. “Expanded polystyrene food service container” does not include packaging for unprepared foods.
(b) “Food vendor” means an establishment that provides prepared food for public consumption on or off its premises and includes, but is not limited to, a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck or vehicle, any other person who provides prepared food, and any organization, group, or individual that regularly provides food as a part of its services. “Food vendor” does not include any of the following:
(1) A facility run by the State Department of State Hospitals.
(2) A state or local correctional facility or institution, including, but not limited to, a state prison, county jail, facility of the Division of Juvenile Justice, or county- or city-operated juvenile detention facility, including a juvenile hall, camp, or school.
(3) A school campus, as defined in Section 49430 of the Education Code.
(c) “Prepared food” means a food or beverage prepared for consumption on or off a food vendor’s premises, using any cooking or food preparation technique. “Prepared food” does not include raw or uncooked meat, fish, or eggs provided for consumption without further food preparation.
(d) “Undue economic hardship” means a situation in which a food vendor has no reasonable alternative to the expanded polystyrene food service containers in use by that food vendor and compliance with subdivision (a) of Section 42398.2 would cause significant economic hardship to that food vendor.
42398.2.
 (a) (1) On and after January 1, 2020, a food vendor subject to Section 343(q)(5)(H) of Title 21 of the United States Code or to Section 114094 of the Health and Safety Code, as it read on January 1, 2017, shall not dispense prepared food to a customer in an expanded polystyrene food service container.
(2) On and after January 1, 2022, a food vendor shall not dispense prepared food to a customer in an expanded polystyrene food service container.
(b) The Department of Resources Recycling and Recovery shall develop an Internet Web page with information on how to comply with subdivision (a) and how to file a complaint for a violation of subdivision (a).
(c) (1) A food vendor may request from the city or county in which the food vendor is located an exemption from subdivision (a). The city or county may grant the exemption if the food vendor demonstrates to the satisfaction of the city or county that compliance with subdivision (a) would impose an undue economic hardship on the food vendor. A city or county may exempt a food vendor pursuant to this subdivision from subdivision (a) until January 1, 2023, or not more than one year from the date of the demonstration, whichever date is later.
(2) A food vendor granted an exemption pursuant to paragraph (1) may reapply to the city or county before the expiration of the exemption. The city or county may grant additional exemptions from subdivision (a) not to exceed one year each if the food vendor demonstrates at the time of application to the satisfaction of the city or county a continued undue economic hardship.
42398.3.
 (a) A city, a county, a city and county, or the state may impose civil liability on a person or entity that knowingly violates subdivision (a) of Section 42398.2, or reasonably should have known that it was violating subdivision (a) of Section 42398.2, in the amount of one thousand dollars ($1,000) per day for the first violation, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General that brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce subdivision (a) of Section 42398.2.
42398.4.
 This chapter does not preempt the authority of a county, city, or city and county to adopt and enforce additional single-use take-out food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.