RESOLUTION NO. ____-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, DESIGNATING THE CITY AS THE ENFORCEMENT AGENCY
FOR STATE REGULATIONS ON SINGLE-USE FOODWARE ACCESSORIES
AND STANDARD CONDIMENTS
WHEREAS, single-use foodware accessories including straws, stirrers, utensils, cup sleeves, tops, lids and spill plugs, prepackaged condiments and other similar accessory are a major contributor to street litter, ocean pollution, marine and other wildlife harm and greenhouse gas emissions; and WHEREAS, reducing litter on public streets, parks and in other public places is in the best interests of the health, safety and welfare of all who live, work and do business in the City; and
WHEREAS, the production and disposal of single-use foodware accessories has significant environmental impacts, including the contamination of the environment, the depletion of natural resources, use of non-renewable polluting fossil fuels and associated greenhouse gas emissions, and the increased clean-up and end-of-life management costs; and
WHEREAS, foodware accessories made from plastic polymers may last for hundreds and even thousands of years, and have broad, long-lasting negative impacts. Single-use plastic and polystyrene foam food service ware breaks apart easily into small pieces, can end up as litter, and is often mistaken as food by birds, fish, and wildlife. Plastics in waterways and oceans break down into smaller pieces and are present in most of the world’s oceans; and
WHEREAS, on November 18, 2021, the California Legislature enacted Assembly Bill 1276 which amended Chapter 5.2 of Part 3 of Division of the Public Resources Code, commencing with Public Resources Code Section 42270, to impose certain restrictions on the use of single-use foodware accessories by food facilities, as defined in Section 113789 of the Health and Safety Code; and WHEREAS, Public Resources Code 42272 requires local public agencies to enforce the state law, designate an enforcement agency, and makes violation of the state law a criminal infraction punishable by a fine of $25 for each day in violation, not to exceed $300 annually; and
WHEREAS, the City seeks to implement AB 1276 by authorizing an enforcement agency to enforce the new law’s requirements prohibiting distribution of single-use foodware accessories and standard condiments unless requested by the consumer effective immediately.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, DOES RESOLVE, DECLARE, DETRMINE AND ORDER AS FOLLOWS:
SECTION 1. The City designates itself as the enforcement agency for enforcing Assembly Bill 1276 and Chapter 5.2 of the Public Resources Code imposing regulations on single-use foodware accessories and standard condiments. The City Manager or designated representative shall have the authority to enforce Assembly Bill 1276 and Chapter 5.2 of the Public Resources Code and may designate other City departments or individuals with such enforcement authority.
SECTION 2. The City Clerk of the City of Barstow shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
PASSED, APPROVED AND ADOPTED this 18th day of July, 2022. ________________________________
Paul Anthony Courtney, Dr., B.A.
Mayor
ATTEST:
________________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. ____ - 2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 18th day of July 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores
City Clerk