Thousand Oaks Municipal Code Ch. 7 Single-Use Foodware Accessories and Condiments

For the purposes of this Chapter, the following words and phrases used in this Chapter are defined as follows unless it is apparent from the context that a different meaning is intended:

(a) "City" means the City of Thousand Oaks.

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

(c) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(d) "Ready-to-eat food" has the same meaning as in Section 113881 of the Health and Safety Code.

(e) "Self-service dispenser or station" means any type of dispenser, container, 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.

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

(g) "Single-use foodware accessories" means all of the following single-use items provided alongside prepared food: utensils, which is defined as forks, knives, spoons, and sporks; chopsticks; condiment cups and packets; straws; stirrers; splash sticks; cocktail sticks.

(h) "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.

(i) "Third-party food delivery platform" has the same meaning as in Section 113930.5 of the Health and Safety Code.

(part 4, Ord. 1708-NS, eff. February 10, 2023)

(a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.

(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities 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.

(c) A food facility 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) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.

(e) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. 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.

(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.

(g) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

(part 4, Ord. 1708-NS, eff. February 10, 2023)

This chapter does not apply to any of the following:

(a) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the 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 1340) of Division 2 of the Health and Safety Code.

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

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

(part 4, Ord. 1708-NS, eff. February 10, 2023)

(a) Any person violating the provisions of this Chapter shall be guilty of a violation of this Code pursuant to Chapter 2 of Title 1 of this Code and subject to the penalties of subdivision (b).

(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 twenty-five dollars for each day in violation, but not to exceed three hundred dollars annually.

(part 4, Ord. 1708-NS, eff. February 10, 2023)