DATE:
July 5, 2022
TO:
Christine Daniel, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager Or Designee To Enforce Provisions Of Assembly Bill 1276, Single-Use Foodware Accessories And Standard Condiments (Carrillo) Recommendation
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager or their designee to enforce provisions of Assembly Bill 1276 (Carrillo), retroactive to June 1, 2022.
Background
In 2021, Assembly Bill (AB) 1276 was enacted into law, expanding the prior “straws on request only” law in Chapter 5.2 of Part 3 of Division 30 of the California Public Resources Code to include single-use cutlery, condiment packs and chopsticks. Affected entities include all retail food operations as well as food delivery platforms. The purpose of AB 1276 is to reduce waste from unwanted foodware accessory and condiment packaging.
Under the law:
Single use foodware and standard condiments cannot be bundled or packaged in a way that prohibits the customer from taking only the item desired.
A food facility using a third-party food delivery platform must customize its menu to list available single use foodware accessories and standard condiments and only provide those items when requested.
The following single-use items can only be provided when requested by the customer:
Utensils (forks, knives, spoons, and sporks)
Chopsticks
Condiment cups and packets
Straws, stirrers and cocktail sticks
In most circumstances, employees of drive-through establishments and airport food facilities may ask customers if they need disposable foodware accessories and condiments AB 1276 does not apply to correctional facilities, school cafeterias, residential and health care facilities.
These requirements took effect June 1, 2022. Food operators not in compliance are subject to fines of $25 per day with a $300 annual maximum.
Additionally, the regulations require that each city must authorize an enforcement agency or person to enforce AB 1276 requirements. The proposed resolution is intended to satisfy this requirement.
Discussion
Assembly Bill 1276 is a statewide effort that will require regional and local action to be successfully implemented. Staff will work with Alameda County Waste Management Authority (StopWaste) staff to develop an education-focused approach to implementation of the regulations in Emeryville.
Locally, AB 1276 builds upon existing efforts in Emeryville to reduce foodware waste, including Chapter 14 of Emeryville Municipal Code (Food Service Waste Reduction) which requires food vendors who use disposable foodware to use either compostable-fiber or recyclable foodware. In addition to educational materials, the City of Emeryville is also supporting proof of concept projects to showcase disposable alternatives, including a pilot project at Anna Yates Middle School to develop a plastic-free, all reusable foodware that is anticipated to begin in 2023.
Regionally, StopWaste has offered to assist with outreach to affected entities regarding AB 1276 requirements, while also supporting the development of reusable foodware infrastructure such as dishwashing services and creating a model reusable foodware ordinance for Alameda County in the upcoming fiscal year.
Fiscal Impact
There is no anticipated fiscal impact to the City for this proposal.
Staff Communication with the Public
None.
Conclusion
Assembly Bill 1276 is a big step towards the reduction of single-use plastic disposable foodware and condiment waste in California. This resolution fulfills the City’s obligations under AB 1276 by authorizing the City Manager, or their designee, to enforce its provisions.
PREPARED BY: Matt Anderson, Environmental Programs Analyst Approved and Forwarded to the
City Council of the City of Emeryville:
Christine Daniel, City Manager
Attachments
Draft Resolution
AB 1276 Single-Use Foodware
City Council Meeting | July 5, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM