Chapter 6.19 — SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS

The City Council finds and determines that:

(1)

The use of single-use foodware accessories and standard condiments is detrimental to the environment, public health, and welfare.

(2)

The manufacture and distribution of single-use foodware accessories and standard condiments requires utilization of natural resources and results in the generation of greenhouse gas emissions.

(3)

Single-use foodware accessories and standard condiments contribute to environmental problems, including litter in storm drains, creeks, the bay, and the ocean.

(4)

Single-use foodware accessories and standard condiments provided by retail establishments impose unseen costs on consumers, local governments, the state, and taxpayers, and constitute a public nuisance.

(5)

On September 20, 2018, Governor Brown signed AB 1884 (Calderon, 2018), prohibiting full-service restaurants from providing single-use plastic straws unless requested by the consumer.

(6)

On October 5, 2021, Governor Newsom signed AB 1276 (Carrillo, 2021), which expanded on AB 1884 to require accessory foodware (e.g., utensils, chopsticks, straws, stirrers) and condiments to be provided only upon consumer request, among other related requirements.

The City Council of the City of Campbell does, accordingly, find and declare that it should enforce the provisions of AB 1276, restricting the use of single-use foodware accessories and standard condiments.

The City has a substantial interest in protecting its residents and the environment from negative impacts from single-use foodware accessories and standard condiments.

(Ord. No. 2282, § 1, 6-7-2022)

(a)

In compliance with California Public Resources Code section 42272, any failure to comply with any provision of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code, as it now exists or may subsequently be amended, or any successor provisions adopted by the State Legislature shall constitute a violation of this Chapter.

(b)

The first and second violations of this Chapter shall result in a notice of violation without a fine, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars for each day in violation, but not to exceed three hundred dollars annually. Each violation of the provisions of this chapter shall be enforceable as provided in Section 6.10.180 of this code.

(Ord. No. 2282, § 1, 6-7-2022)