Rancho Palos Verdes Municipal Code Ch. 8.22 Single-Use Foodware Accessories

A. The purpose of this chapter is to comply with AB 1276 and mandate that all single-use foodware accessories and standard condiments be made available upon request only.

B. Further, littered plastic products are a major contributor to street litter, solid waste, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions.

C. The production, consumption, and disposal of single-use foodware accessories and standard condiments contributes significantly to the depletion of natural resources. Plastics in waterways and oceans break down into smaller pieces that are not biodegradable and are present in most of the world's oceans.

D. Food service providers often provide single-use foodware accessories and condiments to consumers who may not want or need them, particularly when consumers purchase food or beverages for take-out or delivery to be consumed in their homes.

E. Limiting the distribution of unwanted single-use foodware accessories and standard condiments by requiring food service providers to provide them only upon the request of a consumer, and by requiring online food-ordering platforms to provide options for consumers to select only those items they want, is a straightforward solution to reduce waste consisting of unused single-use foodware accessories and will also result in cost savings to businesses.

(Ord. No. 661, § 2(8.22.010), 8-16-2022)

For purposes of this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

City means the City of Rancho Palos Verdes.

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, but not limited to, ketchup, mustard, mayonnaise, barbecue sauce, dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup, jam, jelly, butter, salt, sugar, sugar substitutes, cream, creamer, pepper, or chili pepper. The term "standard condiment" does not include an ingredient or component that is an integral part of the menu item, but a food or beverage provider packages separately when preparing the item for a consumer.

Consumer means a person or customer who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

Food service provider means any person or establishment that provides or sells prepared food or beverages on or off its premises within the city, including, but not limited to, restaurants, bars, coffee shops, fast food restaurants, cafeterias, food carts, grocery stores, supermarkets, convenience stores, snack bars, food trucks, juice bars, farmers markets, and temporary food or beverage providers such as those participating in fairs or events.

Online food-ordering platform means the digital technology provided on a website or mobile application through which a consumer can place an order for pick-up or delivery of prepared food or beverage. The term "online food-ordering platform" includes such platforms operated directly by food service providers; operated by third-parties that place take-out orders with food service providers on behalf of consumers and then deliver the food; and operated by third parties that place orders with food service providers on behalf of consumers without providing delivery service.

Person means any natural person, firm, corporation, partnership, limited liability company, association, nonprofit, or other organization or group, however organized.

Prepared food or beverage means foods or beverages that are prepared and served by the food service provider using any cooking or food or beverage preparation technique and that are ready to consume, either on or off the food service provider's premises, without further food or beverage preparation or repackaging. The term "prepared food or beverage" does not include raw or uncooked whole fruits or vegetables that are not chopped, squeezed, or mixed, or otherwise altered through food preparation, or raw or unprepared meat products.

Request means any reasonable affirmation of the consumer's intent to procure a single-use foodware accessory and/or standard condiment and is not limited to a verbal request.

Self-serve dispenser or station means any type of dispenser, container, counter, shelf, or other location that is accessible to consumers of a food service provider at which consumers can independently access single-use foodware accessories and standard condiments.

Single-use, in referring to a foodware accessory item, means that the item has been designed and constructed for a one-time, one-person use, after which the item is meant to be discarded.

Single-use foodware accessory means a single-use foodware item that is provided alongside or with prepared food or beverage, including utensils, which are defined as forks, knives, spoons and sporks, chopsticks, condiment cups and packets, straws, stirrers, splash sticks and cocktail sticks. The term "single-use foodware accessory" does not include plates, cups, bowls, containers, wrappers, bags, or other single-use foodware that is used for holding or containing prepared food or beverages while they are being delivered, transported, or consumed.

Single-use plastic stirrer means any device which is intended for one-time use to mix beverages and which is predominantly made of plastic derived from petroleum or a biologically based polymer. The term "single-use plastic stirrer" includes compostable and biodegradable petroleum or biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

Single-use plastic straw means any tube which is intended for one-time use for transferring a beverage from its container to the mouth of the drinker and which is predominantly made of plastic derived from petroleum or a biologically based polymer. The term "single-use plastic straw" includes compostable and biodegradable petroleum or biologically-based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

(Ord. No. 661, § 2(8.22.020), 8-16-2022)

A. No food service provider may automatically provide single-use foodware accessories to any consumers with their order of prepared food. Food service providers may provide single-use foodware accessories to consumers with their order of prepared food or beverage only if the consumer requests that they be provided such accessories.

B. Nothing in this chapter prohibits a food service provider that is providing prepared food or beverage from asking consumers if they would like to be provided any single-use foodware accessories that the food service provider makes available for consumers. This chapter does not prohibit a food service provider from making available to consumers single-use foodware accessories from a self-serve dispenser or station, with the exception of single-use plastic straws and single-use plastic stirrers. Nothing in this chapter prohibits a food service provider from providing to consumers single-use foodware accessories that are included as part of a product that is pre-packaged by a manufacturer, such as a juice box or pre-packaged salad.

C. A food service provider may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

D. Single-use foodware accessories and standard condiments packaged for single use provided by food service 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 foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

E. Notwithstanding any other provision in this chapter, food service providers may include single-use cup lids, spill plugs, hot beverage sleeves and beverage trays, without a consumers request, for safety reasons, including to avoid spillage.

(Ord. No. 661, § 2(8.22.030), 8-16-2022)

A. This chapter shall not apply to refillable self-service dispensers. A food facility may therefore make standard condiments and single-use foodware accessories available for consumers to obtain as needed. A food facility is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.

B. This chapter shall not apply the following institutions or facilities:

1. Correctional institutions, which has the same meaning as given in California Penal Code § 7502.

2. Health facilities licensed pursuant to Health and Safety Code div. 2, ch. 2 (Health and Safety Code § 1250 et seq.) or facilities that are owned or operated by a health care service plan licensed pursuant to California Health and Safety Code div. 2, ch. 2.2 (Health and Safety Code § 1340 et seq.), except food service providers that are located within health facilities which provide prepared food or beverage to employees or the general public, such as cafeterias and snack bars, are not exempt from the requirements of this chapter.

3. Residential care facilities licensed pursuant to Health and Safety Code div. 2 (Health and Safety Code § 1299 et seq.).

4. Public and private school cafeteria, as referenced in Health and Safety Code § 113789(b)(1).

(Ord. No. 661, § 2(8.22.040), 8-16-2022)

• Availability of single-use foodware accessories through online food-ordering platforms.

A. Online food-ordering platforms must include an option during the ordering process to allow the consumer to affirmatively request single-use food accessories as part of the customer's delivery or takeout order. The online-food ordering platforms must provide food service providers with the opportunity to specify which single-use foodware accessories, if any, the food service providers choose for consumers to be offered on their menus appearing on the food-ordering platforms, so that consumers may specify which single-use foodware accessories, if any, they choose to have included with their orders.

B. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.

(Ord. No. 661, § 2(8.22.050), 8-16-2022)

A. Violations of this chapter may be punished pursuant to chapter 1.16 (Administrative penalties), except for assessment of the fine amount which shall be as provided in subsection B of this section, in addition to any legal, injunctive, or other equitable relief as determined by the city attorney.

B. As required by Public Resources Code § 42272(b), 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 $25.00 for each day in violation, but not to exceed $300.00 annually.

C. The remedies and penalties provided in this chapter are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ord. No. 661, § 2(8.22.060), 8-16-2022)