Chapter 15.76 — NON-COMPOSTABLE SINGLE-USE FOODWARE ACCESSORY ITEMS PROHIBITED

The City of West Hollywood has a history of adopting environmentally progressive policies and laws intended to reduce West Hollywood's environmental footprint and reduce the amount of plastic polluting oceans and landfills. Numerous studies have shown that the amount of plastic production and use continues to substantially increase worldwide. The vast majority of all plastic produced – seventy-nine percent – is accumulating in landfills or becoming litter. Nearly every piece of plastic still exists on Earth, regardless of whether it has been recycled, broken down into microscopic bits, or discarded into the ocean. Food and beverage single-use disposable foodware accessories also make up approximately twenty-five percent of all waste produced in California. In 2018, California became the first state to ban dine-in restaurants from giving customers plastic straws unless plastic straws are requested (Assembly Bill 1884). In 2021, California went even further to ban a food facility for on-premises dining or when using a third-party food delivery platform, from providing single-use foodware accessories by June 1, 2022, such as utensils, chopsticks, napkins, condiment cups and packets, straws, stirrers, and splash and cocktail sticks, without first obtaining a request from a consumer subject to identified exceptions (Assembly Bill 1276). The City Council finds and declares that the purpose of this chapter is to expand on existing state law by also prohibiting any food facility from providing non-compostable single-use foodware accessory items to consumers in an effort to further reduce waste and litter consistent with the City of West Hollywood's longstanding commitment to support green and sustainable business practices in the interest of the health, safety, and welfare of all who live, work, and do business in West Hollywood.

(Ord. 22-1176 § 2, 2022)

For purposes of this chapter, the following terms shall have the following meanings:

"Business" shall mean the same as defined in Title 5 (Business Licenses, Regulations and Permits) of this code.

"Business activity" shall mean the same as defined in Title 5 (Business Licenses, Regulations and Permits) of this code.

"Consumer" shall mean 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.

"Food facility" or "food facilities" shall mean any business or business activity in the City of West Hollywood that requires the following:

• A. Business license to operate a public eating place or food establishment or peddler or sidewalk vendor selling or offering food or beverages pursuant to Title 5 (Business Licenses, Regulations and Permits) of this code;

• B. Commercial activity where food or beverages are sold, offered, or provided and conducted in accordance with a temporary business license issued pursuant to Title 5 (Business Licenses, Regulations and Permits) of this code;

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 15.76.020

§ 15.76.050

• C. Events conducted in accordance with a special event permit, including, but not limited to, a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales that include the sale or offering of food or beverages pursuant to Title 19 (Zoning Ordinance) of this code; and

• D.

• City sponsored events and facilities where food or beverages are sold, offered, or provided.

"Single-use" shall mean designed to be used once and then discarded, and not designed for repeated use and sanitizing.

"Single-use foodware accessory" or "single-use foodware accessories" shall mean all of the following single-use items:

• A.

  • Utensils, which is defined as forks, knives, spoons, chopsticks, and sporks;

• B.

  • Cups and condiment cups;

• C.

  • Straws, stirrers, splash sticks, and cocktail sticks;

• D.

  • Containers, lids, and bowls; and

• E. Plates, napkins, cup lids, cup sleeves, food or beverage trays, condiment packets and saucers, spill plugs, and toothpicks.

• (Ord. 22-1176 § 2, 2022)

Food facilities shall not provide single-use foodware accessories to a consumer unless those accessories meet the compostability standards set forth in Section 15.76.040, as follows:

• a. A food facility that employs more than five hundred employees in the United States, regardless of where those employees are employed in the United States, and all franchisees associated with a franchisor or a network of franchises with franchisees that employ more than five hundred employees in the aggregate in the United States, shall comply with this Section 15.76.030 after December 31, 2022; and

• b. All other food facilities shall comply with this Section 15.76.030 after May 31, 2024. (Ord. 22-1176 § 2, 2022)

Single-use foodware accessories that are provided to consumers must be accepted by the City of West Hollywood's municipal compost collection programs as certified by the Biodegradable Product Institute or other independent third party certifying organization or agency recognized by the city. The city will maintain on its website a list of suppliers that offer single-use foodware accessories that comply with this chapter. Any changes made to the list of single-use foodware accessories that comply with this chapter shall become effective at least ninety days from the date notification of such change is sent by the city.

(Ord. 22-1176 § 2, 2022)

• a. Food facilities located outside of the boundaries of the City of West Hollywood that deliver food or beverages inside the boundaries of the City of West Hollywood are exempt from

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.76.050

§ 15.76.070

the provisions of this chapter.

• b. The City Manager, or designee, may exempt a food facility from the requirements of this chapter for a one-year period, upon a showing by the applicant that the conditions of this chapter would cause undue hardship. The phrase "undue hardship" shall be construed to include, but not be limited to, situations where compliance with the requirements of this chapter would deprive a person of a legally protected right or due to market constraints where products are not commercially available.

• c. The City Manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this section.

• (Ord. 22-1176 § 2, 2022)

• a. The City Manager, or designee, shall enforce the provisions of this chapter. Nothing in this chapter shall be construed to create a private cause of action. The City Manager, or designee, shall be authorized to establish regulations and to take any and all action reasonable and necessary to enforce this chapter, including, but not limited to, inspecting the premises of any food facility to verify compliance.

• b. If the City Manager, or designee, determines that a violation of this chapter has occurred, he or she will issue a written warning notice to the operator of the provider indicating that a violation has occurred and the potential penalties that will apply for future violations.

• c. Any person that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be subject to the administrative citation procedures in Chapter 1.08 of this code.

• d. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

• e. Each violation of this chapter shall be considered a separate offense.

• f. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law.

• g. For purposes of complying with Section 15.76.030, a food facility using or distributing any single-use food accessory shall maintain acceptable documentation about the composition of the single-use food accessory items being used or distributed and provide to an enforcement officer upon request. Acceptable documentation includes information provided by the supplier or manufacturer, information provided on the bulk packaging label, certifications recognized by the city or any other relevant information establishing that the single-use food accessory items are compliant with this chapter.

• (Ord. 22-1176 § 2, 2022)

Nothing in this chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.

(Ord. 22-1176 § 2, 2022)

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City of West Hollywood, CA § 15.100.010

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.100.020