Vista Municipal Code § 11.04 Polystyrene Plastics Reduction

Section 11.04.020 Definitions

Whenever the following words are used in this chapter, they shall have the

meaning ascribed to them in this section:

City” means the area within the territorial city limits of the City of Vista and such

territory outside the city over which the City has jurisdiction or control by virtue of any constitutional provision or any law.

City Facility” means any building, structure, or park owned or operated by the

City.

City-Sponsored Event" means any event organized or sponsored by the City or

any City department.

Distribute” means to provide or offer to provide an item, regardless of whether

compensation is received.

Food Service Provider” has the same meaning as in Section 113789 of the

Health and Safety Code.

Food Service Ware Products” means items used for containing, serving, or

consuming Prepared Food, including, but not limited to containers, cups, bowls, plates, trays, cartons, boxes, and Accessory Food Ware items. “Food Service Ware Products” does not include Polystyrene egg cartons, meat trays, coolers, ice chests, packing materials, buoys, navigational markers, or pool and beach toys.

Person” means any person, business, corporation, or event organizer or

promoter, public, nonprofit, or private entity, agency or institution, or partnership, association, or other organization or group, however organized.

Prepared Food” means food 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 does not include raw or uncooked whole fruits or vegetables that are not prepared through chopping, squeezing, blending, mixing, or otherwise altered through food preparation, or uncooked meat, poultry, fish, or eggs that are not provided for further consumption without food preparation. Ord. No. 2021-5, Enacted, 06/22/21; Ord. No. 2021-13, Amended 01/01/2022)

11.04 (1) ( Vista 1/1/22)

Vista Municipal Code

Section 11.04.030 Polystyrene Food Service Ware Products

A. Beginning on July 1, 2023, no Food Service Provider in the City shall Distribute

Food Service Ware Products made of Polystyrene with Prepared Food. B. Beginning as soon as practical, but no later than July 1, 2023, no Person shall Distribute Food Service Ware Products made of Polystyrene with Prepared Food at any City Facility or any City-Sponsored Event. Ord. No. 2021-5, Enacted, 06/22/21; Ord. No. 2021-13, Amended 01/01/2022)

Section 11.04.040 Waivers

A. An applicant may seek a waiver or a waiver renewal in accordance with this section by submitting an application on a form approved by the City Manager or designee. Waiver renewal applications must be submitted no later than 30 days prior to the expiration of an initial waiver. The City Manager or designee may require an applicant to submit additional information or documentation before making a determination regarding the waiver. B. The City Manager or designee may grant a waiver from the provisions of Sections 11.04.030 and 11.04.040 if the applicant has annual gross receipts of less than 1,000,000, as demonstrated by either: (i) the applicant’s sworn statement of gross receipts for an initial business license under Section 5.04.150; or (ii) the applicant’s sworn statement of gross receipts for a renewal business license under Section 5.04.160. Under either option, the reported gross receipts must be based on that for the single entity to which the waiver will apply. C. The City Manager or designee may grant an initial waiver for up to six months and may grant one renewal waiver for up to an additional six months. In no event shall an applicant receive waivers totaling more than 12 months for a single entity. Ord. No. 2021-5, Enacted, 06/22/21; Ord. No. 2021-13, Amended 01/01/2022)

11.04 (2) ( Vista 1/1/22)

Vista Municipal Code

Chapter 11.08

Single-Use Foodware Accessories and Condiments

Sections:

Section 11.08.010 Preamble Section 11.08.020 Public Resources Code Section 42270 Section 11.08.030 Public Resources Code Section 42271 Section 11.08.040 Public Resources Code Section 42272 Section 11.08.050 Public Resources Code Section 42273 Section 11.08.060 Enforcement

Section 11.080.010 Preamble

Assembly Bill No. 1276 ( Chapter 505, Statutes of 2021) amending Chapter 5.2 of the California Public Resources Code to prohibit a food facility from providing any single- use foodware accessory or standard condiment to a consumer unless requested by the consumer; specifies penalties for violation of that chapter; and requires the City to authorize an enforcement agency to enforce its provision. The City has determined that for the convenience of its citizens and others who are subject to Chapter 505, it is incorporating the text of that chapter into the Vista Municipal Code so that it is not necessary for users to find its provisions within the Public Resources Code. Ord. No 2021-12, Enacted 01/01/2022).

Section 11.08.020 Public Resources Code Section 42270

For purposes of this chapter, the following definitions apply: A. “ Consumer” has the same meaning as in Section 113757 of the Health and Safety Code. B. “ Food facility” has the same meaning as in Section 113789 of the Health and Safety Code. C. “ Ready- to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code. D. “ Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing. E. “ Single- use foodware accessory” means all of the following single- use items provided alongside ready- to-eat food: 1. Utensils, which is defined as forks, knives, spoons, and sporks. 2. Chopsticks. 3. Condiment cups and packets. 4. Straws. 5. Stirrers. 6. Splash sticks. 7. Cocktail sticks. F. “ 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. G. “ Third-party food delivery platform” has the same meaning as in Section

11.08 (1) ( Vista 1/1/22)

Vista Municipal Code

113930. 5 of the Health and Safety Code. Ord. No 2021-12, Enacted 01/01/2022).

Section 11.08.030 Public Resources Code Section 42271

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 food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-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. E. ( 1) 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. 2) 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. Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. G. Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer. i) 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. Ord. No 2021-12, Enacted 01/01/2022).

11.08 (2) ( Vista 1/1/22)

Vista Municipal Code

Section 11.08.040 Public Resources Code Section 42272

A. On or before June 1, 2022, a city, county, or city and county shall

authorize an enforcement agency to enforce this chapter. 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 ($ 25) for each day in violation, but not to exceed three hundred dollars ($ 300) annually. Ord. No 2021-12, Enacted 01/01/2022).

Section 11.08.050 Public Resources Code Section 42273

This chapter does not apply to any of the following: A. Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code. B. 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. C. Residential care facilities licensed pursuant to Division 2 ( commencing with Section 1200) of the Health and Safety Code. D. Public and private school cafeterias, as referenced in paragraph ( 1) of subdivision ( b) of Section 113789 of the Health and Safety Code. Ord. No 2021-12, Enacted 01/01/2022).

Section 11.08.060 Enforcement

A. The enforcement authorities set forth in Section 1.12.070 of the Vista Municipal

Code shall have the power to enforce the provisions of Chapter 5.2 of the California Public Resources Code. B. The provisions of this chapter shall be enforceable as violations of the Chapter 5.2 of the California Public Resources Code and not as violations of the Vista Municipal Code. Ord. No 2021-12, Enacted 01/01/2022).

11.08 (3) ( Vista 1/1/22)

Vista Municipal Code

Chapter 11.12

Collection of Recyclables