San Luis Obispo Municipal Code Ch. 8.09 Single-Use Foodware Accessories and Standard Condiments

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

“Consumer” means a person 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for resale, or as otherwise defined in California Public Resources Code Section 42270(a), as amended, supplemented, superseded, and replaced from time to time.

“Self-service dispenser” means a container or equipment that is used to hold disposable foodware accessories for consumers to obtain at their discretion.

“Single-use” means a product that is designed to be only used one time in its same form by the consumer, food vendor, or entity.

“Single-use foodware accessory” means all the following single-use items provided alongside ready-to-eat food: utensils, which includes forks, knives, spoons, sporks; chopsticks; standard condiment cups and packets; straws; stirrers; splash sticks; and cocktail sticks, or, as otherwise defined in California Public Resources Code Section 42270(e), as amended, supplemented, superseded, and replaced from time to time.

“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substitutes, or, as otherwise defined in California Public Resources Code Section 42270(f), as amended, supplemented, superseded, and replaced from time to time.

“Take-out food orders” means prepared meals or other food or beverage items that a consumer purchases at a vendor, but not through a third-party food delivery platform, and are intended for consumption elsewhere.

“Third-party food delivery platform” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer or as otherwise defined in California Public Resources Code Section 42270(g), as amended, supplemented, superseded, and replaced from time to time. For the purposes of this definition, a food facility includes a restaurant, but not a grocery store or other similar establishment used primarily to sell the customer fresh produce, meat, poultry, fish, deli products, dairy products, perishable beverages, baked foods, and prepared foods.

“Vendor” means any business providing food or beverages within the city of San Luis Obispo, including a food facility as defined in California Public Resources Code Section 42270(b), as amended, supplemented, superseded, and replaced from time to time. (Ord. 1734 § 3, 2024; Ord. 1640 § 3, 2017)

A. Vendors, for on-premises dining or when using a third-party food delivery platform, shall only distribute single-use foodware accessories and standard condiments upon the request of the consumer or from self-service dispensers for consumers to obtain as needed. This subsection does not apply to take-out food orders.

1. Vendors using third-party food delivery platforms shall customize their menu with a list of available single-use foodware accessories and standard condiments and shall provide only those single-use foodware accessories or standard condiments selected by the consumer. If a consumer does not select any single-use foodware accessories or standard condiments, the vendor shall not provide any single-use foodware accessories or standard condiments.

2. Third-party food delivery platforms shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility.

B. Vendors shall not package or bundle single-use foodware accessories and standard condiments 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. This subsection applies to take-out food orders.

C. Vendors are encouraged, but not required, to use bulk dispensers for condiments rather than condiments packaged for single use and to take other actions in addition to the requirements of this chapter that support the goal of reducing the use of and waste generated by all single-use food service products.

D. It is otherwise unlawful for any food provider to violate California Public Resources Sections 42270 through 42273 concerning single-use foodware accessories and standard condiments. (Ord. 1734 § 3, 2024; Ord. 1640 § 3, 2017)

This section shall not apply to the following institutions or facilities:

A. Correctional institutions, which has the same meaning as in California Penal Code Section 7502.

B. Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the California Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1240) of Division 2 of the California Health and Safety Code.

C. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the California Health and Safety Code.

D. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the California Health and Safety Code. (Ord. 1734 § 3, 2024; Ord. 1640 § 3, 2017)

A. The city, or its designee, is authorized to enforce the provisions of this chapter, and at its discretion, pursue any of the following legal actions to enforce the provisions of this chapter:

1. Criminal Actions and Penalties. Any person, vendor, or third-party food delivery platform violating or causing a violation of this chapter may be issued a notice of violation for the first and second violation and for each subsequent violation, shall be guilty of an infraction, which upon conviction shall be punishable by a fine of twenty-five dollars for each day in violation, but not to exceed three hundred dollars annually.

2. Administrative Citation and Penalties. Any person, vendor, or third-party food delivery platform violating or causing a violation of this chapter may be issued an administrative notice of noncompliance and provided a reasonable opportunity to correct, subject to administrative fines as provided in Chapter 1.24.

B. Remedies Are Cumulative. All remedies contained in this chapter for violations of this chapter or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of city, county, or state law. (Ord. 1734 § 3, 2024; Ord. 1640 § 3, 2017)