Bill Text: CA SB1167 | 2023-2024 | Regular Session | Amended
Bill Title: Solid waste: single-use drinking vessels.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-17 - April 17 set for first hearing. Failed passage in committee. (Ayes 2. Noes 2.) [SB1167 Detail]
Download: California-2023-SB1167-Amended.html
|
Amended
IN
Senate
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1167
| Introduced by Senator Blakespear |
February 14, 2024 |
An act to amend Section 42270 of, and to add Section 42271.5 to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1167, as amended, Blakespear.
Solid waste: single-use drinking vessels.
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 requires a city, county, or city and county, to authorize an enforcement agency to enforce these provisions. 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 require a chain restaurant, before serving a beverage, to ask a customer if the customer intends to consume the beverage on the premises or off the premises. The bill would
prohibit a chain restaurant from serving or offering for sale a beverage in a single-use vessel to if a customer that is dining or consuming indicates intent to consume the beverage on the premises, as specified. specified, and would subject a violator to the enforcement provisions described above. By expanding the scope of a crime, the 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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42270 of the Public Resources Code is amended to read:42270.
For purposes of this chapter, the following definitions apply:(a) “Chain restaurant” means a food facility subject to the requirements of subdivision (a) of Section 114094 of the Health and Safety Code.
(b) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
(c) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(d) “Premises,” for purposes of Section 42271.5 only, means a chain
restaurant’s dining area, table, or nonseated picnic area provided by the chain restaurant on its own, in conjunction with one or more other chain restaurants, or pursuant to an agreement with a third party.
(d)
(e) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
(e)
(f) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(f)
(g) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks.
(2) Chopsticks.
(3) Condiment cups and packets.
(4) Straws.
(5) Stirrers.
(6) Splash sticks.
(7) Cocktail sticks.
(g)
(h) (1) “Single-use drinking vessel” means a cup, mug, or container that is used to hold a hot or cold beverage that is not sufficiently durable or washable to allow multiple uses or that is disposed of after a single use.
(2) Single-use drinking
vessel does not include any of the following:
(A) A reusable drinking vessel.
(B) Beverage containers as defined in Section 14505.
(C) Ceramic, porcelain, glass, or metal service packaging that is cleaned and reused by the food service facility.
(D)A product, including its packaging, defined as a drug, device, or medical food pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g), 321(h), and 360ee(b)(3)) and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary for accommodating a medical-related or health-related need.
(E)
(D) A product, including, but not limited to, a container, used at any of the following types of facilities that is recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary to
assist a resident of the facility or another person receiving care at the facility in the performance of functions related to the service and consumption of a beverage or to protect the health or safety of a resident of the facility or another person:
(i) A health facility, as defined in Section 1250 of the Health and Safety Code.
(ii) A residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
(iii) A community care facility, as defined in Section 1502 of the Health and Safety Code.
(iv) Any other facility that provides medical treatment or other health-related services to patients under the care of a medical professional.
(E) A product, including its packaging, defined as a drug, device, or medical food pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g), 321(h), and 360ee(b)(3)) and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary for accommodating a medical-related or health-related need.
(h)
(i) “Reusable drinking vessel” means a durable cup, mug, or glass containing hot or cold liquids that is cleaned and reused by the food service facility.
(i)
(j) “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, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(j)
(k) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.
SEC. 2.
Section 42271.5 is added to the Public Resources Code, to read:(a)A chain restaurant shall not serve or offer for sale a beverage in a single-use drinking vessel to a customer who is dining or consuming the beverage on the premises.
42271.5.
(a) Before serving a beverage, a chain restaurant shall ask a customer if the customer intends to consume the beverage on the premises or off the premises. If the customer indicates intent to consume the beverage on the premises, then the chain restaurant shall not serve the beverage in a single-use drinking vessel. If the consumer indicates, either initially or subsequently, intent to consume the beverage off the premises, then the chain restaurant may serve the beverage in a single-use drinking vessel.
(b) Nothing in
this section shall be interpreted to prohibit the use of a reusable drinking vessel or the use of a container provided by a customer in accordance with the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code).
(c) Upon request of an enforcement agency, as described in Section 42272, a chain restaurant shall provide proof of the availability of reusable drinking vessels on the premises for compliance with this section.
