Agoura Hills Municipal Code Part 10 Reusable Foodware Regulations

(a) City means the City of Agoura Hills.

(b) City facility means any building or structure owned, leased, or operated by the City of Agoura Hills.

(c) Compliant nonreusable foodware means foodware intended for disposal after one (1) use and is:

(1) Accepted by the City of Agoura Hills municipal compost collection program as compostable;

(2) Certified by another third party product certification organization recognized by the city through its city manager or their designee to ensure the item is free of harmful chemicals including but not limited to fluorinated chemicals, that may have been used in foodware manufacture; and

(3) Made entirely of natural fiber, as that term is defined below, and including but not limited to paper, wood, or sugarcane fibers.

(d) Compliant nonreusable foodware accessory means a foodware accessory that is intended for disposal after one (1) use and is:

(1) Accepted by the City of Agoura Hills municipal compost collection program as compostable; and is

(2) Made entirely of natural fiber.

(e) Compost facility means permitted compost facilities used by the city's current waste haulers for composting organic material.

(f) Compostable means an item or material:

(1) Will break down, or otherwise become part of usable compost in a safe and timely manner; and

(2) Is made entirely of natural fiber or made from other materials accepted by the City of Agoura Hills municipal compost collection program.

(g) 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.

(h) Customer means a person who is a member of the public, takes possession of food from a food vendor, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

(i) Digital ordering platform means the digital technology provided by an internet website or mobile application used by customers of food vendors to order food or schedule food delivery.

(j) Director means they city manager or their designee.

(k) Disposable or nonreusable cup means a beverage cup designed for single-use to serve beverages such as water, hot and cold drinks, and alcoholic beverages.

(l) Effective date means thirty (30) days after the adoption of the ordinance.

(m) EPS means expanded polystyrene, also known as polystyrene foam.

(n) Fluorinated chemical means a class of fluorinated organic compounds containing at least one (1) fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals. California Prop 65 lists PFOA and PFOS as reproductive toxicants.

(o) Foodware means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods or leftovers from partially consumed meals prepared by food vendors.

(p) Foodware accessory (ies) means items typically provided alongside prepared food including but not limited to forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.

(q) Food vendor means a food facility as that term is defined in Health and Safety Code section 113789, or its successor, including but not limited to a restaurant, bar, grocery store, delicatessen, bakery, food service establishment (including carry-out, quick service, and full-service establishments), food truck, itinerant restaurant, pushcart, farmers market, caterer, microenterprise home kitchen operation, or cottage food operation, that stores, prepares, packages, serves, vends, or otherwise provides prepared food to be consumed on or off the premises located or operating within the city.

(r) Natural fiber means a plant-based, nonsynthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural fiber does not include plastic or polystyrene foam of any kind.

(s) Nonreusable means a foodware or foodware accessory that is not reusable or durable.

(t) On request means that only at the request of a customer shall the compliant product be provided.

(u) Polystyrene foam means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, coolers, packing peanuts, and egg cartons.

(v) Prepared food means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of a food vendor and is in a form that is edible without additional preparation to achieve food safety, as specified in Health and Safety Code sections 114004 or section 114008, is a raw or partially cooked food of animal origin and the consumer is advised as specified under Health and Safety code section 114093, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes For the purposes of this chapter, prepared food includes takeout food.

(w) Reusable or durable means manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations.

(x) Takeout food means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the food vendor.

(Ord. No. 24-477, § 1, 12-11-2024)

Food vendors located or operating within the incorporated areas of the city selling or providing food or beverages for on-site consumption:

(a) Shall sell or provide food and beverages using reusable foodware and reusable utensils (forks, spoons, knives and chopsticks) except as otherwise provided in section 5364(b);

(b) May provide all other compliant nonreusable foodware accessories, which are made of natural fibers, including napkins, food wrappers, straws, stirrers, cocktail sticks, toothpicks, tray-liners, and plate-liners only on request or at self-serve stations;

(c) Shall offer condiments in reusable containers or dispensers rather than pre-packaged single-use condiment packets; and

(d) Shall not distribute foodware or foodware accessories made of EPS/polystyrene foam.

(Ord. No. 24-477, § 1, 12-11-2024)

Food vendors within the incorporated areas of the city selling or providing takeout food for off-site consumption shall:

(a) Provide takeout food in reusable foodware, or compliant nonreusable foodware, or items composed entirely of glass or aluminum;

(b) Provide all other compliant nonreusable foodware accessories, which are made from natural fibers, including napkins, cup sleeves, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks only on request or at self-serve stations;

(c) Use takeout food bags that are made of paper or reusable materials;

(d) For takeout food delivery services, shall provide the option for compliant nonreusable foodware accessories and single-use condiments only on request. A food vendor or a takeout food delivery service may include lids, spill plugs, and sleeves without request for nonreusable cups for delivery; and

(e) Not distribute foodware or foodware accessories made of EPS/polystyrene foam.

(Ord. No. 24-477, § 1, 12-11-2024)

(a) A digital ordering platform offering prepared food from a food vendor, whether operated by a third party or by a food vendor, shall include a statement that communicates that compliant nonreusable foodware, compliant nonreusable foodware accessories, and single-use condiments are offered only on request, and shall provide customers with the option to select the compliant nonreusable foodware and compliant nonreusable foodware accessories and single-use condiments of their choice.

(b) If a food vendor uses any third party digital ordering platform for prepared food, the food vendor shall customize its menu with a list of available compliant nonreusable foodware and compliant nonreusable foodware accessories and single-use condiments, and only those compliant nonreusable foodware and compliant nonreusable foodware accessories and single-use condiments selected by the customer shall be provided by the food vendor.

(Ord. No. 24-477, § 1, 12-11-2024)

The following regulations apply to city purchases, facilities, and city-sponsored events:

(a) All city facilities that involve food service shall use reusable foodware and compliant nonreusable foodware accessories.

(b) At city-managed concessions and city-sponsored events, only reusable foodware or compliant nonreusable foodware and compliant nonreusable foodware accessories shall be used.

(c) The city shall not purchase, acquire, or use nonreusable polystyrene foam foodware and plastic foodware, including compostable plastics or biodegradable plastics, at city-managed concessions, city-sponsored events, or city-permitted events. No city department shall purchase, acquire or use nonreusable polystyrene foam foodware or nonreusable plastic foodware at any city facility or city-sponsored event. Organizations or individuals using city facilities shall use reusable or compliant nonreusable foodware and compliant nonreusable foodware accessories.

(d) The distribution of EPS/polystyrene foam and nonreusable plastic foodware by vendors, franchisees, lessees, contractors, or other commercial food and beverage purveyors at all city facilities and city parks is prohibited. Prohibited products include, but are not limited to, EPS/polystyrene foam and nonreusable straws, bowls, plates, trays, utensils, clamshells, and cups which are not intended for reuse, on or in which any foods or beverages are placed or packaged. This prohibition shall not apply to private events held at city facilities, where EPS or nonreusable plastics are provided from outside the city limits.

(Ord. No. 24-477, § 1, 12-11-2024)

(a) All food vendors who provide solid waste containers for customer use must provide separate receptacles in accordance with Assembly Bill 827 (McCarty, 2019) for:

(1) Solid waste;

(2) Recyclables; and

(3) Compost/organics. Receptacles shall be colored black or grey for garbage, blue for recycling, and green for compost/organics.

(b) To the extent possible given space constraints, all receptacles for solid waste, recyclables, and organics should be placed adjacent to one another.

(c) Graphic-rich signage must be posted on or above each receptacle following the waste hauler's guidelines.

(Ord. No. 24-477, § 1, 12-11-2024)

(a) Entities packaging prepared foods outside of the city are exempt from the provisions of this chapter. Such entities are, however, urged to follow the provisions of this chapter.

(b) Correctional institutions, which has the same meaning as in section 7502 of the Penal Code, are exempt from this chapter.

(c) 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 are exempt from this chapter.

(d) Residential care facilities licensed pursuant to Division 2 (commencing with section 1200) of the Health and Safety Code are exempt from this chapter.

(e) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of section 113789 of the Health and Safety Code are exempt from this chapter.

(f) For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the city council, or its designee, may exempt food vendors, persons operating city facilities, and agents, contractors, and vendors doing business with the city, from the provisions of this chapter.

(Ord. No. 24-477, § 1, 12-11-2024)

(a) Compliance with this part is required as of the effective date.

(b) The director, or their designee, shall have primary responsibility for enforcement of this part and shall have authority to issue citations for violation of any provision of this part. The director, or their designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this part or to obtain compliance with this part, including, without limitation, performing an inspection of a food vendor's premises to verify compliance with this part.

(c) The first and second violations of this part shall result in a notice of violation, and any third or subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.

(d) The city may issue an administrative citation for a violation that would otherwise be an infraction under [subsection] (a) of this section. The city's procedures on the imposition of administrative fines under article I, chapter 5 of this Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this part and any rule or regulation adopted pursuant to this part.

(e) The remedies and penalties provided in this part are cumulative and not exclusive, and nothing in this part shall preclude the city from pursuing any other remedies. The city may seek legal, injunctive, or any other relief to enforce the provisions of this part and any regulation or administrative procedure developed pursuant hereto.

(Ord. No. 24-477, § 1, 12-11-2024)