Vernon Municipal Code Ch. 8.15 Single-Use Foodware Accessory and Standard Condiment Reduction

The City Council finds and declares that 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.

(Ord. 1280 § 4, 2022)

"AB 1276"

means the California State Assembly Bill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments. This law requires the City of Vernon to authorize an enforcement agency on or before June 1, 2022.

"Digital ordering platform"

means the digital technology provided by an internet website or mobile application used by customers to order food and/or schedule food delivery.

"Food service vendor"

means any business, organization, entity, group, or individual providing prepared food or beverages for public consumption on or off its premises within the City of Vernon.

"Refillable self-service dispenser"

means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.

"Single-use foodware accessories"

means disposable products intended for single or limited number of uses, used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. Single-use foodware includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, stirrers, lid plugs, lids and utensils. This does not include disposable packaging for unprepared foods.

"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. 1280 § 4, 2022)

A. Food service vendors shall only distribute single-use foodware accessories and standard condiments upon the request of the customer, unless a local, County or State emergency order is in effect requiring distribution of such single-use foodware accessories and standard condiments. However, employees are not prohibited from asking customers if they would like any single-use foodware accessories or standard condiments and providing the amount requested by the customer.

B. Food service vendors shall place signs on the premises to inform customers and employees that single-use foodware accessories and standard condiments are offered only upon request.

C. Food service vendors shall include, in its digital ordering platforms for ordering food, a statement that communicates that single-use foodware accessories are offered only upon request and shall include the ability for customers to select desired foodware accessories or standard condiments. The food service vendor 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.

D. Food service vendors shall instruct employees to inform customers that single-use foodware accessories and standard condiments are offered only upon request.

E. Food service vendors shall not package single-use foodware accessories and standard condiments in a manner that prohibits a customer 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.

F. Food service vendors may ask a drive-through customer 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.

(Ord. 1280 § 4, 2022)

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

B. This chapter shall not apply to the following institutions or facilities, as defined under California Public Resources Code Section 42273:

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

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 to 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 Health and Safety Code Section 113789(b)(1).

(Ord. 1280 § 4, 2022)

A. The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall be punishable by a fine of $25.00 for each day in violation, but not to exceed an amount of $300.00 annually.

B. Unless otherwise provided for in this chapter, the City's procedures on imposition of administrative fines, Section 1.08.070, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article. This article shall only apply to those entities subject to the City's regulatory jurisdiction.

C. The Director of Health and Environmental Control, or designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of any provision of this chapter. The Director of Health and Environmental Control, or designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter, including, without limitation, performing an inspection of a retail establishment's premises to verify compliance with this chapter.

D. The remedies and penalties provided in this chapter are cumulative and not exclusive, and nothing in this chapter shall preclude the City from pursuing any other remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure developed pursuant hereto.

(Ord. 1280 § 4, 2022)