Bill Text: CA SB1335 | 2017-2018 | Regular Session | Amended

California Senate Bill 1335 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Solid waste: food service packaging: state agencies, facilities, and property.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2018-09-20 - Chaptered by Secretary of State. Chapter 610, Statutes of 2018. [SB1335 Detail]

Download: California-2017-SB1335-Amended.html

Amended IN Assembly July 02, 2018

Amended IN Senate May 07, 2018

Amended IN Senate April 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1335

Introduced by Senator Allen
(Principal coauthor: Senator Hill)
(Coauthor: Senator Stern)
(Coauthors: Assembly Members Bloom and Friedman)

February 16, 2018

An act to add Chapter 6 (commencing with Section 42370) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 1335, as amended, Allen. Solid waste: food service packaging: state agencies, facilities, and property.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally requires rigid plastic packaging containers, as defined, sold or offered for sale in this state to meet one of specified criteria.

This bill would enact the Sustainable Packaging for the State of California Act of 2018, which would prohibit a food service facility located in a state-owned facility, acting as a concessionaire on state property, or under contract to provide food service to a state agency, on and after January 1, 2021, from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the bill would require the department to publish and maintain on its Internet Web ~~Site~~ site that contains types of approved food service packaging that are reusable, recyclable, or compostable. The bill would exempt packaging acquired before its inclusion on the list, as specified. The bill would require the department to regularly, but no less than once every 5 years, evaluate the list of approved types of food service packaging and would authorize the department to add or remove types of food service packaging to or from the list based on whether the packaging is, among other factors, recyclable or compostable. The bill would authorize the department to require a manufacturer of a type of food service packaging or material to submit data for purposes of this evaluation, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 6 (commencing with Section 42370) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER 6. Sustainable Packaging for the State of California Act of 2018

42370.

This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018.

42370.1.

For purposes of this chapter, the following terms have the following meanings:

(a) “Beverage container” has the same meaning as defined in Section 14505.

(b) “Food service packaging” means a product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged or lidded containers. “Food service packaging” does not include beverage containers or single-use disposable items, such as straws, cup lids, and utensils, or single-use disposable packaging for unprepared foods.

(c) “Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include prepackaged, sealed food that is mass produced by a third party off the premises of the food service facility.

(d) ~~“Recyclable” means that~~ “Recyclable,” regarding a type of food service ~~packaging is~~ packaging, means composed of material that meets ~~all~~ both of the following criteria:

(1) The material is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims.

~~(2)The recycling collection of the material is available at a location in at least 60 percent of the cities, counties, and cities and counties in the state.~~
~~(3)~~

(2) The director determines that the material, in its final form as part of food service packaging, meets both of the following criteria:

(A) The material is regularly separated for recycling by recycling service providers that serve a substantial majority of communities in the state.

(B) The separated material has readily available recycling markets. The director’s determination of whether a separated material has readily available recycling markets shall be based on consultation with local governments and representatives of the solid waste and recycling industry and on consideration of data that may be presented by a manufacturer of a type of food service packaging or material.

42370.2.

(a) Except as provided in subdivision (b), on and after January 1, 2021, a food service facility located in a state-owned facility, acting as a concessionaire on state property, or under contract to provide food service to a state agency shall not dispense prepared food using food service packaging unless the type of food service packaging is on the list maintained and updated by the department pursuant to Section 42370.3.

(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:

(1) The food service facility possessed that specific inventory of food service packaging before January 1, 2019.

(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.

(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before January 1, 2019.

(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.

(c) This section shall not affect any contract in existence as of January 1, 2019. For a contract that is subject to this section and that is entered into, renewed, or updated after January 1, 2019, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.

42370.3.

(a) The department shall publish the following list of approved types of food service packaging on its Internet Web site no later than June 1, 2020:

(1) Food service packaging that is made from thermoformed polyethylene terephthalate.

(2) Food service packaging that is made from paper or paperboard.

(3) Food service packaging that is made from compostable plastic that meets an ASTM standard specification identified in subdivision (b) of Section 42356.

(4) Food service packaging that is made from aluminum.
~~(4)~~

(5) Reusable food service packaging that is provided by either the food service facility or the customer.

(b) (1) The department shall regularly, but no less than once every five years, evaluate the list of approved food service packaging published pursuant to subdivision (a) to evaluate whether each of the types of approved food service packaging is recyclable or compostable. The department may remove a type of food service packaging from the list if the department determines that the type of food service packaging is not recyclable or compostable.

(2) Before removing a type of food service packaging from the list pursuant to paragraph (1), the department shall consider whether there are cost-effective alternatives available for the material of which the food service packaging is composed.

(c) (1) The department shall regularly, but no less than once every five years, evaluate whether there are types of food service packaging that are recyclable or compostable that are not on the list published by the department pursuant to subdivision (a). The department may add a type of food service packaging to the list published pursuant to subdivision (a), including, but not limited to, upon the request of a manufacturer of a type of food service packaging or material, if the food service packaging is either recyclable or compostable.

(2) The department may require that a manufacturer of a type of food service packaging or material submit data for purposes of the department’s evaluation of whether to add the type of food service packaging or material that the manufacturer seeks to have added to the list.

(d) In deciding whether to remove a type of food service packaging from the list pursuant to subdivision (b) or to add a type of food service packaging to the list pursuant to subdivision (c), the department may consider either of the following:

(1) Whether the material of which the food service packaging is composed is prone to become litter.

(2) Whether the material of which the food service packaging is composed has any chemicals that pose a risk to human health.

42370.4.

This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional ~~take-out~~ takeout food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.