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

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Date Published: 02/19/2021 09:00 PM
AB1276:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1276


Introduced by Assembly Member Carrillo
(Coauthors: Senators Allen and Wiener)

February 19, 2021


An act to amend Sections 42270 and 42271 of, and to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, the Public Resources Code, relating to food accessories.


LEGISLATIVE COUNSEL'S DIGEST


AB 1276, as introduced, Carrillo. Single-use food accessories.
Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer. Existing law specifies that the first and 2nd violations of these provisions would result in a notice of violation and any subsequent violation would be 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 single-use food accessories, as defined, to consumers unless requested by the consumer, or unless necessary to protect public health and safety or safe delivery. The bill would require enforcement of the prohibition by enforcement officers, as determined by a local governing body. The bill would remove the fines from the penalty provisions described above. By creating a new crime and imposing additional enforcement 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 Plastic Straws Food Accessories

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” has the same meaning as in Section 113774 of the Health and Safety Code. has the meaning given to that term by the local governing body.

(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.

(c) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(d) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(e) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(f) “Single-use food accessory” means any standard condiment in single-use packaging or single-use food serveware.
(g) “Single-use food serveware” 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.
(h) “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, salt, pepper, sugar, and sugar substitutes.
(i) “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 full-service restaurant Except as provided in subdivision (c), neither a food facility nor a third-party food delivery platform shall not provide a any single-use plastic straw 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 its menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. If a customer does not select any single-use food accessories, no single-use food accessory shall be provided.
(2) 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.”

(b)

(c) A food facility or third-party food delivery platform may provide a single-use food accessory to a customer without a request by the consumer only if the food facility or third-party food delivery platform determines that doing so is necessary to protect public health and safety or safe delivery.
(d) 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. infraction.

(c)

(e) 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 a food facility or a third-party food delivery platform from providing a single-use plastic straw food accessories to a consumer.

SEC. 4.

 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.