Beverly Hills Municipal Code Ch. 11 Disposable Foodware

5-11-1: DEFINITIONS:¶

The following definitions apply to this chapter:

CONDIMENT:	An item used to enhance the flavor of food, but is not an integral part of the recipe for preparing the food, and that is contained in a separate package from the food that it enhances. Examples of condiments may include: relishes, spices, sauces, confections, seasonings, ketchup, mustard, mayonnaise, barbeque sauce, dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup, jam, jelly, butter, salt, sugar, sugar substitute, cream, creamer, pepper, or chili pepper. Condiment does not include an ingredient or component that is an integral part of the menu item, but that a food service establishment packages separately when preparing the item for a take-out customer or delivery customer.
DIGITAL ORDERING PLATFORM:	The digital technology provided on an internet website or mobile application used by customers to order food and/or schedule food delivery.
DISPOSABLE:	Designed to be used once and then discarded and not designed for repeated use and sanitizing.
DISPOSABLE DRINKING STRAWS:	A thin, hollow tube for sucking a liquid or semi-liquid substance that constitutes food or beverage, which is designed for a single-use and made from petroleum based materials that can be molded or blown into shape while soft and then set into a rigid or slightly elastic form, and any straw made from or labeled bio-plastics, compostable poly-lactic acid (PLA).
DISPOSABLE FOODWARE ACCESSORIES:	Any type of disposable item that accompanies a food or beverage served in disposable plates, containers, or cups, including but not limited to, utensils, condiments, disposable drinking straws, napkins, and wet wipes.
DISPOSABLE FOODWARE DISPENSER:	A container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.
FOOD SERVICE ESTABLISHMENT:	Any retail establishment, including restaurants, that sells prepared food for consumption, including from a temporary facility, cart, vehicle, or mobile unit.
UTENSILS:	A fork, spoon, spork, knife, chopstick, or other items that can be used to serve food or to eat. (Ord. 21-O-2848, eff. 11-26-2021)

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5-11-2: DISPOSABLE FOODWARE ACCESSORIES RESTRICTIONS AND REQUIREMENTS:¶

A. A food service establishment shall only distribute disposable foodware accessories upon the request of the customer, unless a local, county or State emergency order is in effect requiring distribution of such disposable foodware accessories; provided, however, that employees are not prohibited from asking customers if they would like any disposable foodware accessories.

B. Food service establishments shall place signs on the premises to inform customers and employees that disposable foodware accessories are offered only upon request.

C. Food service establishments shall include in their digital ordering platforms for ordering food a statement that communicates that disposable foodware accessories are offered only upon request, and shall include the ability for customers to opt-in to receive foodware accessories.

D. Food service establishments shall educate employees to inform customers that disposable foodware accessories are offered only upon request. (Ord. 21-O-2848, eff. 11-26-2021)

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5-11-3: EXEMPTIONS:¶

A. This chapter shall not apply to disposable foodware dispensers. (Ord. 21-O-2848, eff. 11-26-2021)

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5-11-4: ENFORCEMENT AND PENALTIES:¶

A. 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 twenty-five dollars ($25.00) for each day in violation, but not to exceed three hundred dollars ($300.00) annually.

B. All fines collected pursuant to this chapter shall be deposited in the solid waste conservation fund to assist the Department of Public Works with its costs of implementing and enforcing the requirements of this chapter. (Ord. 21-O-2848, eff. 11-26-2021)

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