Today's Law As Amended

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



SECTION 1.

 Chapter 5.2 (commencing with Section 42270) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  5.2. Single-Use Plastic Straws
42270.
 For purposes of this chapter, the following definitions shall apply:
(a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
(b) “Enforcement officer” has the same meaning as in Section 113774 of the Health and Safety Code.
(c) “Single-use plastic straw” means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. “Single-use plastic straw” does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.
(d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.
(2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.
(3) The food and beverage orders are delivered directly to the consumer.
(4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer.
(5) The check is delivered directly to the consumer at the assigned eating area.
42271.
 (a) A full-service restaurant shall not provide a single-use plastic straw to a consumer unless requested by the consumer.
(b) This section shall be enforced by an enforcement officer. The first and second violations of subdivision (a) shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the full-service restaurant is in violation, but not to exceed three hundred dollars ($300) annually.
(c) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a full-service restaurant from providing a single-use plastic straw to a consumer.
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.