Monterey County Municipal Code Ch. 10.44 Restrictions on the Use of Single-Use Plastics

The purpose of this Chapter is to encourage the use of reusable or compostable products by food providers and consumers, and to reduce the consumption of single-use plastics in general to reduce litter, protect the natural resources, and protect the public health, safety, and welfare of the citizens of Monterey County.

(Ord. No. 5406, § 2, 10-10-2023)

This Chapter shall apply in the unincorporated area of the County of Monterey.

(Ord. No. 5406, § 2, 10-10-2023)

Unless otherwise expressly stated, whenever used in this Chapter, the following terms shall have the meanings set forth below:

A. "ASTM standard" means meeting the standards of the American Society for Testing and Materials International Standards D6400 or D6868 for compostable plastics, as those standards may be amended.

B. "Care provider" means any entity that provides care to people or animals; this includes dentist offices, medical care providers, veterinary care providers and day care facilities, including child and elder care.

C. "Chapter" means Chapter 10.44 of the Monterey County Code.

D. "Compostable" means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for composability and any compostable product containing a bioplastic or plastic-like material must be clearly labeled as compostable in accordance with Public Resources Code section 42357, et seq., and all state and federal labeling laws pertaining to the identification of compostable products.

E. "Consumer" has the same meaning as in Section 113757 of the Health and Safety Code.

F. "County" means the County of Monterey.

G. "Director" or "Director of Health" means the Director of the Monterey County Health Department or his/her designee.

H. "Effective date" means the operative date of this Chapter.

I. "Food provider" means any vendor located or providing food within the County unincorporated area which provides prepared food or beverages on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, special events vendor, food/catering/delivery truck or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as part of its services, including care providers and lodging providers; also including vendors located outside of the County when delivering prepared food into the County unincorporated area.

J. "Lodging provider" means any hotel, motel, bed and breakfast inn, short-term rental, or any other establishment that provides overnight lodging.

K. "Person" means any individual, sole proprietorship, firm, association, organization, partnership (whether limited or general), corporation, limited liability corporation, political subdivision, government agency, municipality, industry, public or private corporation, trust, joint venture, regulatory authority, or any other entity.

L. "Plastic" means a material derived from fossil fuel-based petrochemicals.

M. "Prepared food" means any food or beverage prepared at the food, care, or lodging provider's premises, using any cooking or food preparation technique. Prepared food does not include any raw uncooked meat, poultry, fish, or eggs unless provided for consumption without further food preparation.

N. "Reusable" means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to "disposable."

O. "Single-use" means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

P. "Single-use plastics" means all the following single-use food accessory items provided alongside prepared food:

1. Trays;

2. Plates, bowls, cups, cup lids;

3. Utensils, which is defined as knives, forks, spoons, sporks, and chopsticks;

4. Straws;

5. Stirrers;

6. Splash Sticks;

7. Cocktail sticks;

8. To-go containers, clamshells, and all other containers with plastic lining.

Q. "Special event" includes, but is not limited to, activities such as parades, marathons, bicycle events, walkathons, marches, triathlons, festivals, farmer's markets, block parties, civic, and celebration activities. Construction and maintenance activities are not deemed special events.

R. "Standard 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.

(Ord. No. 5406, § 2, 10-10-2023)

A. Food providers shall not provide any single-use plastic food accessories or standard condiments packaged for single use to a consumer unless the single-use plastic food accessory or standard condiment is requested by the consumer or in any of the following circumstances:

1. A food provider may ask a drive-through consumer if the consumer wants a single-use plastic food accessory and/or standard condiment if it is necessary for the consumer to consume prepared food, or to prevent spills of or safely transport prepared food.

2. A food provider that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use plastic food accessory and/or standard condiment if it is necessary for the consumer to consume prepared food, or to prevent spills of or safely transport prepared food.

3. If a food provider uses any third-party delivery platform for prepared food, the food provider shall customize its menu with a list of available single-use plastic food accessories or standard condiments, and only those single-use plastic food accessories or standard condiments selected by the consumer shall be provided by the food provider. If a consumer does not select any single-use plastic food accessories or standard condiments, no single-use plastic food accessories or standard condiments shall be provided by the food provider for delivery of prepared food.

B. Single-use plastic food accessories and standard condiment packaged for single use provided by food providers for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use plastic food accessory or single-use standard condiment desired without also having to take a different type of single-use plastic accessory or single-use standard condiment.

C. When standard condiments are part of table service by a food provider they must be provided to consumers in containers over ten (10) ounces or in reusable packaging.

D. Nothing in this Section shall prohibit a food provider from making unwrapped single-use plastic food accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use plastic food accessories to be obtained.

E. Nothing in this Section shall prohibit a food provider from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food provider that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.

F. Food providers are encouraged, but not required, to provide consumers with reusable and/or compostable food accessory items, and to take actions in addition to the requirements of this Chapter that support a goal of reducing the use of and waste generated by all single-use plastic food accessories.

G. To allow food providers an opportunity to use remaining stocks of single-use plastic food accessories and standard condiment packaged for single use, these entities shall have one hundred eighty (180) days from the effective date to comply with the regulations of this Chapter. During the 180-day period, it shall be the policy of the County to encourage voluntary adherence to the requirements of this Chapter. After one hundred eighty (180) days from the effective date, food providers shall be subject to and shall comply with the regulations of this Chapter.

(Ord. No. 5406, § 2, 10-10-2023)

A. During an emergency requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, persons providing emergency relief are exempt from the provisions of this Chapter until such time as the emergency has ceased or the Director of Health rescinds the exemption.

B. This Chapter does not apply to:

1. Correctional institutions, as defined in Penal Code section 7502(a).

2. Health care facilities licensed pursuant to Health and Safety Code section 1250, et seq. or facilities that are owned or operated by a health care service plan licensed pursuant Health and Safety Code section 1340, et seq.

3. Residential care facilities licensed pursuant to Health and Safety Code section 1200, et seq.

4. Public and private school cafeterias, as referenced in Section 113789(b)(1) of the Health and Safety Code.

(Ord. No. 5406, § 2, 10-10-2023)

All food providers shall keep accurate and complete records of the purchase and sale of any single-use plastic food accessories or standard condiment packaged for single use.

Such records shall be kept for a minimum period of one year from the date of purchase and sale, and such records shall be available for inspection by the County at no cost to the County during regular business hours. Unless the County and food provider mutually agree upon an alternative location or method of review, the records or documents shall be available at the food provider's address. The provision of false information, including but not limited to incomplete records or documents to the County, shall be a violation of this Chapter.

(Ord. No. 5406, § 2, 10-10-2023)

A. The Director of Health shall be primarily responsible for implementation and enforcement of this Chapter. The Director is authorized to establish guidelines and procedures to implement this Chapter and to take such action as may be necessary, including inspection of food providers, to monitor compliance with this Chapter.

B. In the event of a violation of this Chapter or any requirement imposed pursuant to this Chapter, the County may in its discretion, in addition to all other remedies, take such enforcement action as is authorized under the Monterey County Code and any other action authorized by law. A food provider shall be allowed one warning prior to the first citation for a violation of this Chapter.

C. If the County elects to utilize the administrative procedures set forth in Chapter 1.22 of the Monterey County Code to enforce this Chapter, the Director of Health shall serve as the Enforcement Official within the meaning of Chapter 1.22.

D. Nothing in this Chapter shall be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law.

(Ord. No. 5406, § 2, 10-10-2023)