Beverly Hills Municipal Code Ch. 12 Reduction of Waste from Single-Use Articles and Expanded Polystyrene Products

The City of Beverly Hills has been a leader in addressing various environmental issues, including plastic pollution related to single-use plastics and polystyrene, as well as the risks to human health and marine life associated with water pollution. This ordinance will reduce single-use waste, greenhouse gas emissions, polystyrene use, and plastic litter threatening natural ecosystems and ocean wildlife, as well as keep overall plastic waste from landfills, in order to protect the health of the community and promote environmentally sustainable practices. (Ord. 24-O-2889, eff. 4-18-2024)

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases are defined as follows:

CATEGORY 1 FOOD FACILITY: Any food facility not included within the definition of a Category 2 or Category 3 Food Facility.

CATEGORY 2 FOOD FACILITY: A mobile food facility.

CATEGORY 3 FOOD FACILITY: A certified farmers' market as defined in California Health and Safety Code section 113742, a temporary food facility, or a catering operation as defined in Health and Safety Code section 113739.1.

CITY FACILITY: Any building, structure, property, park, open space, or vehicle, owned or leased by the City, its agents, agencies, or departments.

COMPOSTABLE: Consisting entirely of material that will promptly and safely break down into, or otherwise become part of, usable compost. For purposes of this chapter, in order to be considered "compostable," a product must, at a minimum, conform to the following requirements:

1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per-and polyfluoroalkyl substances (PFAS); and

2. It must satisfy one or more of the following additional requirements:

a. It must be certified as "Home Compostable" by a certifying organization acceptable to the Director of Public Works, including, but not limited to, the organizations provided in subsection 2.c;

b. It must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material; or

c. It must accommodate a specific food-service application for which the Director of Public Works has determined, through a site inspection, has no single-use article that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as compostable by both the Biodegradable Products Institute ("BPI") and the Compost Manufacturing Alliance ("CMA").

The Director of Public Works may issue rules and guidelines that set forth requirements for products to be considered "compostable" in accordance with this definition and identify specific products and categories of products that are, and are not, considered "compostable" for purposes of this definition.

CONDIMENT: Has the meaning set forth in California Health and Safety Code section 113756; it includes such foods as ketchup, mustard, mayonnaise, sauerkraut, soy sauce, salsa, syrup, jam, jelly, salt, sugar, sugar substitute, cream, coffee creamer, pepper, chili-pepper or cheese topping. "Condiment" does not include an ingredient or component of a ready-to-eat food item that constitutes an integral part of that item even if such integral ingredient or component is packaged separately from the ready-to-eat food item.

CUSTOMER: Any natural person or such person's agent or caregiver.

EGG CARTON: A container commonly used to package raw eggs sold to retail customers.

EXPANDED POLYSTYRENE: Polystyrene that has been expanded or "blown," using a gaseous blowing agent, into a solid foam, and is sometimes known by the trade-name "Styrofoam."

EXPANDED POLYSTYRENE PRODUCT: A product made from expanded polystyrene, and includes, without limitation, such products as coolers, ice chests, cups, bowls, plates, shipping boxes, packing peanuts, packing materials, and pool or beach toys, that are made from expanded polystyrene. Expanded polystyrene products do not include products such as surfboards, coolers, and craft supplies that are wholly encapsulated or encased in a more durable material. Nor do expanded polystyrene products include products that are pre-packaged outside of the City using expanded polystyrene as part of the packaging material, as long as the products themselves are not made of expanded polystyrene that is not encased in a more durable material.

FOOD FACILITY: Has the meaning set forth in California Health and Safety Code section 113789; it includes restaurants, bars, coffee shops, fast food restaurants, food carts, grocery stores, supermarkets, convenience stores, school cafeterias, hospitals and nursing facilities, snack bars, food trucks, juice bars, farmers markets, and temporary food facilities, such as those participating in fairs or events. "Food facility" does not include a third-party, online food-ordering business. For purposes of this chapter, the term "food facility" includes only businesses that are located, or that operate, within the City, or that operate within a City facility.

FOOD TRAY: A tray commonly used for packaging raw, uncooked food sold to retail customers, such as meat, fish, and whole fruits and vegetables.

FULL SERVICE RESTAURANT: A restaurant where food may be consumed on the premises, and where each of the following would typically occur when a customer consumes food on the premises:

1. The customer is escorted or directed to an assigned eating area. An employee of the restaurant may choose the assigned eating area or may seat the customer according to the customer's need for accommodation or other request;

2. Except for food that is included in a buffet or salad bar, the customer's food and beverage orders are delivered directly to the customer; and

3. If a customer wants additional items with the customer's food or beverage order, the customer requests such items from the server, and the server brings the requested items to the customer.

GROCERY STORE: Has the meaning set forth in California Health and Safety Code section 113948(c)(3); it means a store primarily engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, and any area within the store (that is not separately owned or operated) where food is prepared or sold, including a bakery, deli, and meat and seafood counter.

HEALTH FACILITY: Has the meaning set forth in California Health and Safety Code section 1250; it means a facility for the care, treatment, and diagnosis of human illness to which persons are admitted for a 24-hour stay or longer, including, among other facilities, acute care hospitals, psychiatric hospitals, skilled and intermediate nursing facilities, and rehabilitation facilities.

HOME COMPOSTABLE: Means that the material will biodegrade at moderate temperatures in a composting bin designed for home use.

MOBILE FOOD FACILITY: Has the meaning set forth in California Health and Safety Code section 113831; it means a vehicle, such as a food truck, that is used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail.

MULTISERVICE UTENSIL: Has the meaning set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming ready-to-eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from durable materials and that is specifically designed to be cleaned after each use and reused.

ONLINE FOOD- ORDERING PLATFORM: The digital technology provided on a website or mobile application through which a customer can place an order for pick-up or delivery of ready-to-eat food. Online food-ordering platforms include such platforms: operated directly by food facilities; operated by third-parties that place ready-to-eat food orders with food facilities on behalf of customers and then deliver the food; and operated by third-parties that place orders with food facilities on behalf of customers without providing delivery service.

PLASTIC: Has the meaning set forth in California Public Resources Code section 42372; it means a synthetic material made from a wide range of organic polymers such as polyethylene, polyvinyl chloride (PVC), nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. "Plastic" includes all materials identified with, or conforming to, Resin Codes 1 to 7, inclusive, as provided in California Public Resources Code section 18015, without regard to whether such material displays a Resin Code.

POLYSTYRENE: A thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene or expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). This definition applies to material made with polystyrene, regardless of whether it exhibits a label, "6" as the Resin Code, or the abbreviation "PS" identifying it as polystyrene.

READY-TO-EAT-FOOD: Has the meaning set forth in California Health and Safety Code section 113881; it includes food and beverages that may be consumed without additional preparation to achieve food safety.

RECYCLABLE: Capable of being source-separated or otherwise removed from the waste stream when discarded, and then feasibly recycled, salvaged, processed, or marketed by any means other than landfilling or burning, and returned to use by society, irrespective of whether it is compostable. For single-use articles to be considered recyclable, it is necessary that recycling, salvage, or processing facilities be readily available, and they must have the technical and operational ability, as well as adequate capacity, to receive, recycle, salvage and/or process the material from which such single-use article is composed, and there must be a market for such recycled, salvaged, or processed material. For purposes of this chapter, in no event shall single- use articles made with plastic be considered recyclable.

RESIN CODE: A resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.

RETAIL ESTABLISHMENT: Any commercial establishment located within the City that sells goods directly to customers primarily for their own consumption or use.

REUSABLE FOODWARE: Refers to non-disposable food service items manufactured of durable materials specifically designed and manufactured to be safely and repeatedly washed, sanitized and reused over an extended period of time.

SELF-SERVE DISPENSER OR STATION: Any type of dispenser, container, counter, shelf, or other location that is accessible to customers of a food facility at which such customers can independently access single-use foodware accessories.

SINGLE-USE OR DISPOSABLE: Means that the item has been designed and constructed for one-time, one-person use, after which the item is meant to be discarded.

SINGLE-USE ARTICLE: An item of foodware within the meaning of California Health and Safety Code section 113914, that is intended for a single-use, and that is used for serving, consuming, transporting, or containing food and beverages, including, but not limited to, clamshells, pizza boxes, plates, bowls, trays, wrappers, cups, straws, stirrers, knives, forks, spoons, and lids. "Single-use articles" include food trays and egg cartons. "Single-use article" does not include beverage containers that are subject to the California Redemption Value ("CRV") in accordance with the California Beverage Container Recycling and Litter Reduction Act, Public Resources Code section 14500, et seq.

SINGLE-USE FOODWARE ACCESSORY: A single-use article that is provided alongside or with ready-to-eat food, including straws, stirrers, knives, forks, spoons, chopsticks, condiment packets, condiment containers, napkins, cup lids, spill plugs, and hot beverage sleeves. "Single-use foodware accessory" does not include plates, cups, bowls, containers, wrappers, bags or other single-use articles that are used for holding or containing ready-to-eat food while it is being delivered, transported, or consumed.

STREET FOOD VENDOR: A mobile food facility that has all of the following characteristics: (1) the vehicle from which the vendor sells food is not enclosed; (2) the vehicle from which the vendor sells food is nonmotorized; and (3) the vendor operates upon a public sidewalk or other pedestrian path.

TAKE-OUT FOOD: Ready-to-eat food that a customer purchases from a food facility for consumption outside of the premises of the food facility.

TEMPORARY FOOD FACILITY: A temporary food facility, as defined in California Health and Safety Code section 113930, that is approved by the Director of Public Works and operates at an approved community event.

THIRD-PARTY, ONLINE FOOD-ORDERING BUSINESS: A person that is not a food facility and that operates an online food-ordering platform for customers to order, for take-out or delivery, ready-to-eat food that is prepared or sold by food facilities. (Ord. 24-O-2889, eff. 4-18-2024)

A. Except as provided in subsections B and C of this section and as otherwise provided in this chapter:

1. A food facility shall not provide any single-use article with ready-to-eat food that it offers to a customer unless such single-use article is either compostable or recyclable; and

2. A food facility shall not provide a food tray or egg carton with any food that it offers to a retail customer unless such food tray or egg carton is either compostable or recyclable.

B. The requirements of this section do not apply to single-use articles that are included with ready-to-eat food that is pre-packaged at a location that is outside of the premises of the food facility, provided that such ready-to-eat food is offered to the customer as originally packaged. Except as otherwise provided in this chapter, if a food facility adds any single-use articles when providing such pre-packaged food to a customer, such additional single-use articles shall comply with subsection A, above.

C. The Director of Public Works may authorize the use of specific categories or types of single-use articles that are not compostable or recyclable as defined in Section 5-12-2 if the Director of Public Works determines that there is a specific food-service application for which no compostable or recyclable single-use article can feasibly be used. For purposes of this section, a compostable or recyclable product can feasibly be used for a particular food-service application only if, in the determination of the Director of Public Works, such product is: (a) readily available; and (b) can effectively be used for the particular application. Except as provided in Section 5-12-6 , the Director of Public Works shall not approve the use of a product that is made from expanded polystyrene. The Director of Public Works may also authorize the use of a non-compostable plastic single-use article product that would not be considered recyclable under this chapter if the Director of Public Works determines, based upon developments in recycling technology and infrastructure, that such product is feasibly recyclable.

D. The Director of Public Works shall identify, in the rules and guidelines adopted in accordance with Section 5-12-2 of this chapter, any non-compostable, non-recyclable single-use articles that food facilities are authorized to use in accordance with subsection C, above, as well as any products that the Director of Public Works approves as compostable as defined in this chapter.

E. The Director of Public Works may rescind any approval of any non-compostable and non-recyclable single-use article product that was granted in accordance with subsection C of this section, or in accordance with the definition in Section 5-12-2 . If the Director of Public Works rescinds any such authorization or determination, the Director of Public Works shall update the rules and guidelines accordingly. Any revision to the rules and guidelines rescinding an authorization to use a single-use article that is not compostable or recyclable shall not become effective until one (1) year after the date of the amendment. The requirements of this section shall become effective on the following dates for the following categories of food facilities:

• 1. One-year after adoption for Category 1 Food Facilities;
• 2. One and a half years after adoption for Category 2 Food Facilities; and
• 3. Two years after adoption for Category 3 Food Facilities. (Ord. 24-O-2889, eff. 4-18-2024)

A. Except as provided in subsection B, below, any third-party, online food-ordering business that conducts business in the City, either by picking up ready-to-eat food from a food facility located within the City for delivery to a customer, or by delivering ready-to-eat food to a customer at a location within the City, shall comply with the following requirements to enable customers to select which single-use foodware accessories, if any, the customers chooses to have included with their order:

1. Third-party, online food-ordering businesses must provide food facilities with the opportunity to specify which single-use foodware accessories, if any, will be offered on their menus appearing on the food-ordering platforms, so that customers may select which accessories, if any, will be included with their orders.

2. If a food facility chooses not to specify any single-use foodware accessories to be offered to customers on its menu appearing on the food-ordering platform, then the third-party, online food-ordering business shall post the following statement with such food facility's menu: "This restaurant has chosen not to make single-use foodware accessories available on its online menu."

B. Third-party, online food-ordering businesses may, but are not required to, provide grocery stores with the opportunity to customize the menus appearing on the businesses' online food-ordering platforms in accordance with subsection A.1, above. However, neither a grocery store nor a third-party, online food-ordering business is permitted to provide a single-use foodware accessory to a customer unless the customer has requested it. If an online food-ordering platform does not include options for customers purchasing online from a grocery store to request single-use foodware accessories, then no single-use foodware accessories may be provided to such online customers. (Ord. 24-O-2889, eff. 4-18-2024)

Full-service restaurants shall not provide single-use articles to customers with ready-to-eat food that they serve to customers for consumption on the premises. Full-service restaurants shall instead serve ready-to-eat food in, or with, multiservice utensils, except that full-service restaurants may provide single-use foil wrappers, napkins, straws, and placemats to customers who are dining on the premises so long as these single-use articles otherwise comply with the requirements of this chapter. Nothing in this section is intended to prevent a full-service restaurant from providing single-use articles to customers with take-out food, or as a container for customers to transport uneaten food, as long as such single-use articles otherwise comply with the requirements of this chapter. (Ord. 24-O-2889, eff. 4-18-2024)

A. Except as provided in subsection B, below, and Section 5-12-7 , retail establishments shall not sell, rent, or offer any expanded polystyrene products to customers. This section does not apply to online sales of products that are shipped from a location outside of the City.

B. The Director of Public Works is authorized to grant a general exemption from the requirements of this section if, in the determination of the Director of Public Works, no substitute product that complies with subsection A, above, is readily available that can feasibly be used for a specific application. General exemptions granted under this subsection B shall be temporary and shall be cancelled once the Director of Public Works determines that a substitute product that is not made of expanded polystyrene has become readily available. (Ord. 24-O-2889, eff. 4-18-2024)

The requirements of this chapter are subject to the following exemptions and qualifications:

A. The requirements of this chapter do not apply to supplies and services provided in response to an emergency that is declared or ratified by the City, County, State or federal government.

B. The requirements of this chapter do not apply to single-use articles that health facilities provide to patients with ready-to-eat food during the course of treatment. Health facilities are not exempt from the requirements of this chapter with respect to single-use articles provided with ready-to-eat food served at food facilities located within such health facilities that sell or provide food to employees or the general public, such as cafeterias and snack bars. Nor are retail establishments that are located within health facilities exempt from any of the requirements of this chapter.

C. Food facilities may also retain and provide single-use articles as reasonable accommodations to persons with disabilities who request these items. (Ord. 24-O-2889, eff. 4-18-2024)

A. The Director of Public Works may grant waivers, with or without conditions, based upon a determination that requiring a food facility or retail establishment to comply with this chapter, or any portion thereof, would result in undue hardship. Undue hardship may include, but is not necessarily limited to, the following situations:

1. Compliance with the requirement in Section 5-12-5 that full service restaurants utilize reusable foodware will result in undue hardship because of a restaurant's lack of adequate dishwashing facilities;

2. Compliance with this chapter will result in an undue financial hardship for a food facility or retail establishment; or

3. A food facility or retail establishment purchased products that do not comply with the requirements of this chapter before receiving notice of the requirements of this chapter. A waiver under these circumstances shall be granted for only as long as is necessary, as determined by the Director of Public Works, for the food facility or retail establishment to use or sell such previously-purchased products.

B. Waivers may be granted for a specified period of up to one (1) year. During the waiver term, the food facility or retail establishment shall make diligent efforts to become compliant. Should a food facility or retail establishment demonstrate that, at the close or expiration of a granted waiver term, and with diligent efforts to become compliant, compliance remains infeasible or would result in undue hardship, the Director of Public Works is authorized to extend the waiver for an additional specified period of time, except that waivers granted under subsection A.3, above, may not be renewed. It is the responsibility of the food facility or retail establishment to apply for any waivers or extensions in a timely manner. (Ord. 24-O-2889, eff. 4-18-2024)

Each food facility, third-party online food ordering platform, and retail establishment subject to this chapter shall maintain records, in either written or electronic form, evidencing compliance with this chapter, for a period of three (3) years, and shall make them available for inspection at the request of the Director of Public Works. (Ord. 24-O-2889, eff. 4-18-2024)

A. Violations of this chapter shall be subject to the administrative citation process set forth in Chapter 3 of Title 1 of the Beverly Hills Municipal Code.

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. 24-O-2889, eff. 4-18-2024)