CC SR 20220802 03 - Single Use Foodware Accessories Agenda Report_Final
CITY COUNCIL MEETING DATE: 08/02/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to add Chapter 8.22 (Single-use Foodware
Accessories) to Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code
to regulate the use of single-use foodware accessories.
RECOMMENDED COUNCIL ACTION:
(1) Introduce for first reading Ordinance No. ________, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES ADDING CHAPTER 8.22 (SINGLE-USE
FOODWARE ACCESSORIES) TO TITLE 8 (HEALTH AND SAFETY) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE REGULATING THE USE OF
SINGLE-USE FOODWARE ACCESSORIES.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gerri Whitten
REVIEWED BY: Ken Rukavina
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. ___ (page A-1)
B. Text of Assembly Bill No. 1276
BACKGROUND:
The production, consumption, and disposal of fossil-fueled or so-called “virgin plastic”
single-use foodware accessories and standard condiments contribute significantly to the
depletion of natural resources and solid waste streams. Plastics in waterways and oceans
break down into smaller pieces that are not biodegradable and are present in most of the
world’s oceans.
Los Angeles County creates nearly 30 million tons of waste each year, with plastic the
greatest contributor to the waste stream by item. Data indicates that 85% of single-use
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CITYOF RANCHO PALOS VERDES
plastic items in California are not actually recycled, and most recycling facilities in the Los
Angeles region do not accept single-use plastic food service ware of any kind because of
their size and contamination. Moreover, there simply is not enough of an economic
demand for such plastic waste to create a sustainable market for recycled single-use
plastics.
Food service providers often provide single-use foodware accessories and condiments
to consumers who may not want or need them, particularly when consumers purchase
food or beverage for take-out or delivery to be consumed in their homes.
Limiting the distribution of unwanted single-use foodware accessories and standard
condiments by requiring food service providers to provide them only upon the request of
a consumer, and by requiring online food-ordering platforms to provide options for
consumers to select only those items they want, is a straightforward solution to reduce
waste consisting of unused single-use foodware accessories and will also result in cost
savings to businesses.
Single-use foodware accessories, such as utensils, chopsticks, napkins, straws, stirrers,
splash and cocktail sticks, and condiment cups and packets, contribute greatly to the
plastic pollution that enters the waste stream, as well as the ocean that cause significant
harm to marine life and to other wildlife, and which also contribute to greenhouse gas
emissions and are major contributors to street litter.
DISCUSSION:
In October 2021, to combat pollution and impacts from single-use foodware accessories,
Governor Newsom signed into law Assembly Bill (AB) No. 1276, prohibiting food facilities
and third-party food platforms from providing any single -use foodware accessories or
standard condiments to a customer un less requested. The bill also prohibits those items
from being bundled or packaged in a way that prohibits the consumer from taking only
the item desired. The law requires each city, by June 1, 2022, to authorize an enforcement
agency to enforce these requirements.
To bring the City into compliance with the new state law, Staff has prepared a draft
ordinance (Attachment A) for the City Council’s consideration, adding Chapter 8.22 to the
Rancho Palos Verdes Municipal Code (RPVMC), which prohibits food service providers
and online food-ordering platforms from unlawfully distributing single-use foodware
accessories, unless requested by the consumer. The ordinance, as drafted, would
provide legal authority for the City to enforce the requirements therein.
Public Education and Outreach
Educating restaurant owners and staff about the new ordinance is essential to ensure
businesses are aware of the state’s requirement to implement the ordinance on single-
use foodware accessories and to ensure compliance. Code Enforcement Staff is
prepared to meet directly with restaurant owners throughout the City of Rancho Palos
Verdes to educate and distribute a brochure containing the do ’s and don’ts pertaining to
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the new single-use foodware accessories ordinance. Additional public educational
information will be distributed through the following methods:
• Update the City’s website homepage announcing the new ordinance
• Code Enforcement will provide notice of the ordinance in the City Manager’s
Weekly Administrative Report
• Inform the residents of the ordinance in the City’s 2022 fall newsletter
• Broadcast on social media outlets
• Listserv messaging
Code Enforcement
After the effective date of the ordinance, c omplaints may be filed online at
https://www.rpvca.gov/1097/Filing-a-Complaint with the Code Enforcement Division to
investigate businesses violating the single-use foodware accessories ordinance.
Complaints filed against a business violating the ordinance will be issued two notices of
the violation seeking code compliance. Subsequent violations shall be punishable by a
fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred
dollars ($300) annually.
CONCLUSION:
The City of Rancho Palos Verdes recognizes the major impact single-use foodware
accessories have on the environment, which contribute to greenhouse gases from non-
biodegradable single-use foodware accessories that have contributed to the City’s blight
of discarded plastic waste and have significantly impacted the environment of marine and
other wildlife. To help reduce single-use foodware waste and bring the City into
compliance with AB 1276, Staff recommends the City Council introduce for first reading
Ordinance No. ___, which will prohibit food service facilities and online food-ordering
platforms from distributing single-use foodware accessories without the request of the
consumer.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
City Council’s consideration:
1. Identify revisions to the proposed code amendment text and direct Staff to return
with a revised ordinance for reintroduction at the August 16, 2022, meeting.
2. Do not adopt the proposed ordinance.
3. Take other action, as deemed appropriate.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ADDING CHAPTER 8.22 (SINGLE-USE FOODWARE
ACCESSORIES) TO TITLE 8 (HEALTH AND
SAFETY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGULATING THE USE OF
SINGLE-USE FOODWARE ACCESSORIES
WHEREAS, the California State Legislature has recognized that littered plastic
products have caused and continue to cause significant environmental harm and have
burdened local governments with significant environmental cle anup costs as provided in
California Public Resources Code section 42355; and
WHEREAS, on October 5, 2021, Governor Newsom signed into law California
State Assembly Bill (AB) No. 1276 which expands on existing law prohibiting restaurants
from providing single-use plastic straws unless requested by a consumer, prohibiting food
facilities from providing single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
without a request from a consumer subject to identified exceptions; and
WHEREAS, single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
contribute greatly to the plastic pollution that enters the ocean, marine and other wildlife
harm, and greenhouse gas emissions, and are major contributors to street litter and the
solid waste stream, and therefore should only be made available only upon request in
compliance with AB 1276; and
WHEREAS, AB 1276 requires the City to authorize an enforcement agency to
enforce the requirements therein; and
WHEREAS, this ordinance expands on existing California law by prohibiting any
food facility from providing a consumer single-use food accessories and standard
condiments, as defined herein, absent their request; and
WHEREAS, the City Council finds that this ordinance limits the use of single -use
food accessories and standard condiments and will encourage both the reuse of materials
and reduction of pollutants and solid waste, and promote the City’s goals to reduce waste
and conserve resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The forgoing recitals are true and correct and are incorporated herein
by this reference.
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Section 2. Chapter 8.22 (Single-Use Foodware Accessories) of Title 8 (Health
and Safety) of the Rancho Palos Verdes Municipal Code is hereby added as follows:
“CHAPTER 8.22 – SINGLE-USE FOODWARE ACCESSORIES”
8.22.010 – Findings and Purpose.
A. 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.
B. Further, littered plastic products are a major contributor to street litter, solid
waste, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions.
C. The production, consumption, and disposal of single-use foodware
accessories and standard condiments contributes significantly to the depletion of natural
resources. Plastics in waterways and oceans break down into smaller pieces that are not
biodegradable, and are present in most of the world’s oceans.
D. Food service providers often provide single-use foodware accessories and
condiments to consumers who may not want or need them, particularly when consumers
purchase food or beverage for take-out or delivery to be consumed in their homes.
E. Limiting the distribution of unwanted single-use foodware accessories and
standard condiments by requiring food service providers to provide them only upon the
request of a consumer, and by requiring online food-ordering platforms to provide options
for consumers to select only those items they want, is a straightforward solution to reduce
waste consisting of unused single-use foodware accessories, and will also result in cost
savings to businesses.
8.22.020 – Definitions.
For purposes of this chapter, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
“City” means the City of Rancho Palos Verdes.
“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, but not limited to, ketchup, mustard, mayonnaise, barbecue sauce,
dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup,
jam, jelly, butter, salt, sugar, sugar substitutes, cream, creamer, pepper, or chile pepper.
“Standard condiment” does not include an ingredient or component that is an integral part
of the menu item, but a food or bevera ge provider packages separately when preparing
the item for a consumer.
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“Consumer” shall mean a person or customer 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 service provider” means any person or establishment that provides or sells
prepared food or beverages on or off its premises within the City including, but not limited
to restaurants, bars, coffee shops, fast food restaurants, cafeterias, food carts, grocery
stores, supermarkets, convenience stores, snack bars, food trucks, juice bars, farmers
markets, and temporary food or beverage providers such as those participating in fairs or
events.
“Online food-ordering platform” means the digital technology provided on a website
or mobile application through which a consumer can place an order for pick-up or delivery
of prepared food or beverage. Online food-ordering platforms include such platforms
operated directly by food service providers; operated by third-parties that place take-out
orders with food service providers on behalf of consumers and then deliver the food; and
operated by third-parties that place orders with food service providers on behalf of
consumers without providing delivery service.
“Person” means any natural person, firm, corporation, partnership, limited liability
company, association, nonprofit, or other organization or group, however organized.
“Prepared food or beverage” means foods 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 or
beverage does not include raw or uncooked whole fruits or vegetables that are not
chopped, squeezed, or mixed, or otherwise altered through food preparation, or raw or
unprepared meat products.
“Request” means any reasonable affirmation of the consumer’s intent to procure a
single-use foodware accessory and/or standard condiment and is not limited to a verbal
request.
“Self-serve dispenser or station” means any type of dispenser, container, counter,
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.
“Single-use,” in referring to a foodware accessory item, means that the item has
been designed and constructed for one -time, one-person use, after which the item is
meant to be discarded.
“Single-use foodware accessory” means a single-use foodware item that is
provided alongside or with prepared food or beverage, including utensils, which are
defined as forks, knives, spoons and sporks, chopsticks, con diment cups and packets,
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straws, stirrers, splash sticks and cocktail sticks. “Single-use foodware accessory” does
not include plates, cups, bowls, containers, wrappers, bags, or other single-use foodware
that is used for holding or containing prepared food or beverages while they are being
delivered, transported, or consumed.
“Single-use plastic stirrer” means any device, which is intended for one -time use
to mix beverages, and that is predominantly made of plastic derived from petroleum or a
biologically based polymer. “Single-use plastic stirrer” includes compostable and
biodegradable petroleum or biologically-based polymer stirrers, but does not include
stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo,
etc.
“Single-use plastic straw” means any tube, which is intended for one -time use for
transferring a beverage from its container to the mouth of the drinker, and that is
predominantly made of plastic derived from petroleum or a biologically based polymer.
“Single-use plastic straw” includes compostable and biodegradable petroleum or
biologically-based polymer straws, but does not include straws that are made from non -
plastic materials, such as paper, sugar cane, bamboo, etc.
8.22.030 – Single-Use Foodware Accessories To Be Provided Only Upon Request
by Consumer.
A. No food service provider may automatically provide single-use foodware
accessories to any consumers with their order of prepared food. Food service providers
may provide single-use foodware accessories to consumers with their order of prepared
food or beverage only if the consumer requests that they be provided such accessories.
B. Nothing in this chapter prohibits a food service provider that is providing
prepared food or beverage from asking consumers if they would like to be provided any
single-use foodware accessories that the food service provider makes available for
consumers. This chapter does not prohibit a food service provider from making available
to consumers single-use foodware accessories from a self-serve dispenser or station,
with the exception of single-use plastic straws and single-use plastic stirrers. Nothing in
this chapter prohibits a food service provider from providing to consumers single-use
foodware accessories that are included as part of a product that is pre-packaged by a
manufacturer, such as a juice box or pre-packaged salad.
C. A food service provider 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. Single-use foodware accessories and standard condiments packaged for
single use provided by food service providers 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.
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E. Notwithstanding any other provision in this chapter, food service providers
may include single-use cup lids, spill plugs, hot beverage sleeves and beverage trays,
without a consumers request, for safety reasons, including to avoid spillage.
8.22.040 - Exemption.
A. This chapter shall not apply to refillable self-service dispensers. A food
facility may therefore make standard condiments and single-use foodware accessories
available for consumers to obtain as needed. A food facility is encouraged to use bulk
dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply the following institutions or facilities:
1. Correctional institutions, which has the same meaning as California
Penal Code Section 7502.
2. Health facilities licensed pursuant to California Health and Safety
Code Section 1250, et seq. or facilities that are owned or operated by a health care
service plan licensed pursuant to California Health and Safety Code Section 1340, et
seq., except food service providers that are located within health facilities that provide
prepared food or beverage to employees or the general public, such as cafeterias and
snack bars, are not exempt from the requirements of this chapter.
3. Residential care facilities licensed pursuant to California Health and
Safety Code Section 1200, et seq.
4. Public and private school cafeteria, as referenced in Health and
Safety Code Section 113789(b)(1).
8.22.050 - Availability of Single-Use Foodware Accessories Through Online Food-
Ordering Platforms.
A. Online food-ordering platforms must include an option during the ordering
process to allow the consumer to affirmatively request single-use food accessories as
part of the customer’s delivery or takeout order. The online -food ordering platforms must
provide food service providers with the opportunity to specify which single -use foodware
accessories, if any, the food service providers choose for consumers to be offered on
their menus appearing on the food-ordering platforms, so that consumers may specify
which single-use foodware accessories, if any, they choose to have included with their
orders.
B. 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.
8.22.060 – Enforcement and Penalty.
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A. Violations of this chapter may be punished pursuant to Chapters 1.08
(General Penalty) or 1.16 (Administrative Penalties) of this Code, in addition to any legal,
injunctive, or other equitable relief as determined by the City Attorney.
B. For penalties pursuant to Chapter 1.08 (General Penalties), 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.
C. The remedies and penalties provided in this Chapter are in addition to any
other legal or equitable remedies and are not intended to be exclusive.
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a “project” under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment since the Ordinance seeks to
reduce the use of single-use foodware accessories.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 6. This Ordinance shall take effect 30 days after its adoption.
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PASSED, APPROVED and ADOPTED this 2nd day of August, 2022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. ___ was introduced by the City Council of said City at a regular
meeting thereof held on August 2, 2022, and that the same was passed and adopted by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
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