BACKGROUND:
Assembly Bill 1276 (AB 1276), the Single-use Foodware Accessories and Standard Condiments Bill, was signed into law on October 5, 2021 with the aim to reduce the number of single-use foodware items and condiments in the waste stream. The Bill went into effect January 1, 2022 and prohibits food facilities from providing single use foodware or condiments without being requested by the consumer.
Additionally, it prohibits bundling or packaging of single-use accessories or condiment items in a way that prohibits the consumer from only taking the individual desired item.
There are specific provisions for ready to eat food offered at drive-throughs, public airports and third-party food delivery platforms. There are exclusions for correctional institutions, licensed health care facilities, residential care facilities, and public and private school cafeterias.
DISCUSSION:
AB 1276 requires cities to authorize an enforcement agency to enforce these requirements on or before June 1, 2022. While the bill does not specify what entity(ies) should be designated to enforce this new law, cities are expected to provide this service and will be the recipient of any fines from those who violate this new law. The State of California is not required to reimburse certain costs incurred by cities enforcing this new law. Currently, the new law does not impose any fines from the State of California against cities that fail to enforce AB 1276.
The bill does specify the first and second violations of the law by a food facility result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. Counties and cities are permitted to adopt regulation that is more restrictive than AB 1276.
The City’s Code Compliance Division would be the most logical and effective to enforce this bill as they are authorized to provide enforcement.
In preparation of education and then enforcement, City Staff has developed and will distribute educational materials regarding AB 1276 for affected Cathedral City businesses to ensure they are informed of this new legislation and are aware of best practices for compliance.
City Staff is recommending City Council adopt the attached Resolution authorizing the City’s Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Cathedral City, California.
FISCAL IMPACT:
Even though this bill imposes a state-mandated local program by creating a new legal violation and imposing additional duties on cities, the law requires each city to enforce these requirements, thus additional duties will be required of the City’s Code Compliance Division.
The costs associated with the development and distribution of educational materials for AB 1276 will be funded from the FY 2022/2022 Environmental Fund (246).