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AB-1276 Single-use food accessories and service ware.(2021-2022)

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Date Published: 04/05/2021 09:00 PM
AB1276:v97#DOCUMENT

Amended  IN  Assembly  April 05, 2021
Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1276

Introduced by Assembly Members Carrillo and Lorena Gonzalez
(Coauthor: Assembly Member Ting)(Coauthors: Assembly Members Friedman, Muratsuchi, and Ting)
(Coauthors: Senators Allen and Wiener)

February 19, 2021

An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272, 42273, and 42274 to, the Public Resources Code, relating to single-use food accessories and service ware.


LEGISLATIVE COUNSEL'S DIGEST


AB 1276, as amended, Carrillo. Single-use food accessories and service ware.
Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents. Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.
This bill would instead prohibit a food facility or a third-party food delivery platform, as specified, from providing any single-use food accessories, as defined, to consumers unless requested by the consumer and, commencing on January 1, 2023, would prohibit a full-service restaurant that has adequate dishwashing capacity to sanitize reusable service ware from providing single-use service ware to consumers except under specified conditions. The bill would require enforcement of these prohibitions by officers of an agency that the bill would require each city, county, or city and county governing body to select on or before June 1, 2022. The bill would specify that the first and 2nd violations of the prohibitions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $100 for each day in violation, but not to exceed an annual total of $300. $1,000. By creating a new crime and imposing additional duties on local governing bodies, 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.

 The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read:
CHAPTER  5.2. Single-Use Food Accessories and Service Ware

SEC. 2.

 Section 42270 of the Public Resources Code is amended to read:

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” is an officer of the agency designated by the local governing body pursuant to subdivision (b) of Section 42273.
(c) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises.
(e) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(f) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(g) “Single-use food accessory” means any standard condiment in single-use packaging or single-use food service ware.
(h) “Single-use food service ware” means all types of single-use items provided alongside ready-to-eat food served or delivered in single-use bags, plates, containers, or cups, including, but not limited to, utensils, chopsticks, napkins, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks, which are designed for a single use for ready-to-eat foods.
(i) “Standard 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, salsa, salt, pepper, sugar, and sugar substitutes.
(j) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

SEC. 3.

 Section 42271 of the Public Resources Code is amended to read:

42271.
 (a) A food facility or a third-party food delivery platform shall not provide a single-use food accessory to a consumer unless the single-use food accessory is requested by the consumer.
(b) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the vendor’s menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the vendor. If
(2) If a ready-to-eat food vendor chooses to customize its menu as described in paragraph (1), only those single-use food accessories selected by the consumer shall be provided. If a consumer does not select any single-use food accessories, no single-use food accessory shall be provided.

(2)

(3) If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the vendor’s menu on the online food-ordering platform: “This restaurant has not listed single-use food accessories on its menu.”
(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 food facility or a third-party food delivery platform from providing single-use food accessories to a consumer.

SEC. 4.

 Section 42272 is added to the Public Resources Code, to read:

42272.
 (a) Except as provided in subdivision (b), commencing on January 1, 2023, a full-service restaurant shall provide reusable food service ware, and shall not provide single-use food service ware, to a consumer dining on the premises of the restaurant if the restaurant has dishwashing capacity that is provides adequate sanitation for reuasable reusable food service ware.
(b) A full-service restaurant may use provide single-use food service ware for to consumers dining at the restaurant’s premises under any of the following conditions:
(1) The full-service restaurant has limited dishwashing capacity.
(2) The single-use food service ware is necessary to accommodate a consumer with a disability.
(3) The single-use food service ware is provided to a consumer upon request to carry out leftover ready-to-eat food after dining at the restaurant.
(4) A public health state of emergency has been declared.
(5) If the single-use food service ware is a disposable paper food wrapper, foil wrapper, paper napkin, straw, or paper tray- and or plate-liner that is of the type and form accepted by local municipal recycling and composting programs.
(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 single-use food service ware to a consumer.

SEC. 5.

 Section 42273 is added to the Public Resources Code, to read:

42273.
 (a) An enforcement officer shall enforce this chapter. 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 one hundred dollars ($100) for each day in violation, but not to exceed three hundred one thousand dollars ($300) ($1,000) annually.
(b) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.

SEC. 6.

 Section 42274 is added to the Public Resources Code, to read:

42274.
 This chapter does not apply to any of the following:
(a) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
(b) 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.
(c) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

SEC. 7.

 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.