Bill Text: CA AB1276 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Single-use foodware accessories and standard condiments.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2021-10-05 - Chaptered by Secretary of State - Chapter 505, Statutes of 2021. [AB1276 Detail]
Download: California-2021-AB1276-Amended.html
Except as provided in subdivision (c), neither a A food facility nor or a third-party food delivery platform shall not provide any a
single-use
food accessory to a consumer unless the single-use food accessory is requested by the consumer.
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.
Bill Title: Single-use foodware accessories and standard condiments.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2021-10-05 - Chaptered by Secretary of State - Chapter 505, Statutes of 2021. [AB1276 Detail]
Download: California-2021-AB1276-Amended.html
|
Amended
IN
Assembly
March 17, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1276
| Introduced by Assembly (Coauthor: Assembly Member Ting) (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, and to add Sections 42272, 42273, and 42274 to, the Public Resources Code, relating to food accessories. single-use food accessories and service ware.
LEGISLATIVE COUNSEL'S DIGEST
AB 1276, as amended, Carrillo.
Single-use food accessories. 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. 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 would result result in a notice of violation and any subsequent violation would be
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, or unless necessary to protect public health and safety or safe delivery.
consumer and, commencing on January 1, 2023, would prohibit a full-service restaurant that has adequate dishwashing capacity from providing single-use service ware to consumers except under specified conditions. 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. 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.
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.
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.
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” has the meaning given to that term is an officer of the agency designated by the local governing body. 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.
(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 food accessory” means any standard condiment in single-use packaging or single-use food serveware.
service ware.
(g)
(h) “Single-use food serveware” 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.
(h)
(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.
(i)
(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)(b) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize its the vendor’s 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 consumer 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.”
(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.
(e)
(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 adequate sanitation for reuasable food service ware.(b) A full-service restaurant may use single-use food service ware for 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 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 dollars ($300) 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. 4.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.
