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AB-1884 Food facilities: single-use plastic straws.(2017-2018)

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Date Published: 05/01/2018 10:00 AM
AB1884:v96#DOCUMENT

Amended  IN  Assembly  April 30, 2018
Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  February 05, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1884


Introduced by Assembly Members Calderon and Bloom

January 17, 2018


An act to add Section 114082 to the Health and Safety Code, relating to food facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1884, as amended, Calderon. Food facilities: single-use plastic straws.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires, except as otherwise provided, a person who violates any provision of the code to be guilty of a misdemeanor, punishable as specified.
This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 114082 is added to the Health and Safety Code, to read:

114082.
 (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.
(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation. violation, but not to exceed three hundred dollars ($300) annually.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.