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

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Date Published: 04/06/2017 04:00 AM
SB705:v98#DOCUMENT

Amended  IN  Senate  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 705


Introduced by Senator Allen

February 17, 2017


An act to add Chapter 6.8 (commencing with Section 42398) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 705, as amended, Allen. Solid waste: disposable food service containers.
Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires every rigid plastic packaging container, as defined, sold or offered for sale in this state to generally meet one of specified criteria.
This bill would enact the Ocean Pollution Reduction Act of 2017, which would prohibit a food provider, on and after January 1, 2020, from dispensing prepared food to a customer in an expanded polystyrene food service container. The act would prohibit a food provider, on and after January 1, 2021, from dispensing prepared food to a customer in a city or county in a disposable food service container made of a type of plastic unless the disposable food service container is accepted for recovery by the recycling or composting program serving the food provider, and governing body of the city or county responsible for waste hauling adopts an ordinance to accept food service containers made of that type of plastic in the city’s or county’s curbside recycling or curbside food waste composting program and publishes the ordinance, as specified. The act would also define related terms.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


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) “Disposable “Plastic food service container” means a single-use disposable product rigid container made primarily of a type of plastic specified in Section 18015 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 or lidded containers. “Disposable “Plastic food service container” does not include expanded polystyrene food service containers, beverage containers, as defined in Section 14505, or single-use disposable items, such as straws, cup lids, and utensils, or single-use disposable packaging for unprepared foods.
(b) “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)

(c) “Food provider” 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.

(c)

(d) “Prepared food” means a food or beverage prepared for consumption on or off a food provider’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.

42398.2.

On

42398.2.
 (a) On and after January 1, 2020, a food provider shall not dispense prepared food to a customer in an expanded polystyrene food service container.
(b) On and after January 1, 2021, a food provider shall not dispense prepared food to a customer in a city or county in a disposable plastic food service container made of a type of plastic unless the disposable food service container is accepted for recovery by the recycling or composting program serving the food provider. governing body of the city or county responsible for waste hauling adopts an ordinance to accept plastic food service containers made of that type of plastic in the city’s or county’s curbside recycling or curbside food waste composting program and publishes the ordinance on the city’s or county’s Internet Web site and in educational materials promoting recycling and composting.

42398.3.
 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.