Rolling Hills Estates Municipal Code Ch. 8.42 Single-Use Foodware Accessories

The purpose of this chapter is to implement Chapter 5.2 (commencing with Sections 42270) of Part 3 of Division 30 of the California Public Resources Code, as it may be amended, which regulates the provision of single-use foodware accessories and standard condiments by certain food facilities. In the event of any conflict between the provisions of this chapter and the provisions of Chapter 5.2, the provisions of Chapter 5.2 will control.

(Ord. No. 747, § 3(Exh. A), 5-23-2023)

The following terms when used in this chapter will have the meanings provided in this section:

"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. Online food-ordering platforms include 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.

"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. 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.

"Ready-to-eat food" has the same meaning as in California Health and Safety Code section 113881.

"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 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. "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 that is predominantly made of plastic derived from petroleum or a biologically based polymer. "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 that is predominantly made of plastic derived from petroleum or a biologically based polymer. "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.

"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. "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.

(Ord. No. 747, § 3(Exh. A), 5-23-2023)

A. No food service provider may automatically provide single-use foodware accessories to any consumers with their order of prepared food. Instead, 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 may 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. Food service providers may include single-use cup lids, spill plugs, hot beverage sleeves and beverage trays, without a consumer's request, for safety reasons, including to avoid spillage.

F. 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.

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

(Ord. No. 747, § 3(Exh. A), 5-23-2023)

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

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

1. Correctional institutions, as defined in California Penal Code section 7502.

2. Health facilities licensed pursuant to California Health and Safety Code section 1250 and following, or facilities that are owned or operated by a health care service plan licensed pursuant to California Health and Safety Code section 1340 and following, except food service providers that are located within health facilities that 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 California Health and Safety Code section 1200 and following.

4. Correctional public and private school cafeterias, as referenced in California Health and Safety Code section 113789(b)(1).

(Ord. No. 747, § 3(Exh. A), 5-23-2023)

A. Violations of this chapter may be punished pursuant Chapter 1.25 (Administrative Citations) of this code, except for the assessment of the fine amount which will be as provided in subsection (B) of this section..

B. As required by California Public Resources Code section 42272(b), the first and second violations of this chapter will result in a notice of violation, and any subsequent violation will be punishable by a fine of twenty-five dollars for each day in violation, but not to exceed three hundred dollars 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. 747, § 3(Exh. A), 5-23-2023)