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ORDINANCE NO. 22-XX
AN ORDINANCE ADDING ARTICLE VI. REGULATING
SINGLE-USE FOODWARE ACCESSORIES AND
STANDARD CONDIMENTS, SECTIONS 8.10.910 TO
8.10.960 TO CHAPTER 8.10 OF THE GOLETA MUNICIPAL
CODE
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 cleanup costs (California Public Resources Code Section 42355); and
WHEREAS, in October 2021, Governor Newsom signed into law California State Assembly Bill (AB) 1276 which expands on existing law prohibiting restaurants from providing single-use plastic straws unless requested by the consumer, by prohibiting food facilities from providing any single- use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer; and
WHEREAS, single-use foodware accessories, including napkins, straws, condiments, forks, spoons, sporks, knives, and other disposable flatware create waste and environmental hazards, and therefore should only be made available upon request in compliance with AB 1276; and
WHEREAS, over one hundred municipalities in California have adopted ordinances prohibiting or restricting single -use foodware accessories, which have reduced the volume of single-use foodware accessories in waste streams and throughout the natural environment; and
WHEREAS, the City of Goleta City Council prioritized development of regulations for single- use p lastic reduction during review of the City of Goleta’s Planning and Environmental Review Department’s Annual Work Program in 2021; and
WHEREAS, AB 1276 as amended requires the City to authorize an enforcement agency to enforce its requirements; and
WHEREAS, the City of Goleta seeks to implement AB 1276 as amended by authorizing an enforcement agency to enforce its requirements prohibiting distribution of single-use foodware accessories and standard condiment s unless requested by the consumer on or before June 1, 2022.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment . Article V I, Regulation of Single- Use Foodware Accessories and Standard Condiments, Sections 8.10.910 to 8.10.960 are hereby added to Chapter 8.10 (“Integrated Waste Management”) of the Goleta Municipal Code and shall read as follows:
Article VI Single -Use Foodware Accessory and Standard Condiment Reduction Ordinance
8.10.910 Title
8.10.920 Purpose and Applicability
8.10.930 Definitions
8.10.940 Requirements
8.10.950 Exemptions
8.10.960 Enforcement and Penalties
8.10.910 Title
This Chapter shall be known as “Single -Use Foodware Accessory and Standard Condiment Reduction Ordinance” and may be so cited.
8.10.920 Purpose and Applicability
The City Council finds and declares that 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.
8.10.930 Definitions
(a) “AB 1276” means the California State Assembly B ill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments. This law requires the City of Goleta to authorize an enforcement agency on or before June 1, 2022.
(b) “Single-use Foodware Accessories” means disposable products intended for single or limited number of uses, used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. Single- use foodware includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, stirrers, lid plugs, lids and utensils. This does not include disposable packaging for unprepared foods.
(c) “Standard C ondiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a 65266.00008\34922510.1
food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(d) “Food Service Vendor” means any business, organization, entity, group, or individual providing prepared food or beverages for public consumption on or off its premises within the City of Goleta.
(e) “Digital Ordering Platform” means the digital technology provided by an internet website or mobile application used by customers to order food and/or schedule food delivery.
(f) “Refillable Self-service Dispenser” means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.
8.10.940 Requirements for Food Service Vendors
A. Food Service Vendors shall only distribute single-use foodware accessories and standard condiments upon the request of the customer, unless a local, county or State emergency order is in effect requiring distribution of such single- use foodware accessories and standard condiments . However, employees are not prohibited from asking customers if they would like any single -use foodware accessories or standard condiments and providing the amount requested by the customer.
B. Food Service vendors shall place signs on the premises to inform customers and employees that single-use foodware accessories and standard condiments are offered only upon request.
C. Food Service vendors shall include in their D igital Ordering Platforms for ordering food a statement that communicates that single -use foodware accessories are offered only upon request and shall include the ability for customers to select which foodware accessories or standard condiments they want. The food service vendor shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single- use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. 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.
D. Food Service Vendors shall instruct employees to inform customers that single- use foodware accessories and standard condiments are offered only upon request.
E. Food Service Vendors shall not package Single-use Foodware Accessories and Standard Condiments in a manner that prohibits a custome r from taking only the type of Single- use Foodware Accessory or Standard C ondiment desired without 65266.00008\34922510.1
also having to take a different type of Single-use Foodware Accessory or Standard Condiment.
F. Food Service Vendors may ask a drive-through customer if the consumer wants a Single -use Foodware Accessory if the Single- use Foodware A ccessory is necessary for the consumer to consume ready -to-eat food, or to prevent spills of or safely transport ready -to-eat food, or to prevent spills of or safely transport ready-to-eat food.
8.10.950 Exemptions
A. This chapter shall not apply to Refillable Self-Service Dispensers. Food Service Vendors may therefore make Standard Condiments and Single-use Foodware Accessories available for customers to obtain as needed. Food Service Vendors are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply to the following institutions or facilities:
a. Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
b. Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1240) of Division 2 of the Health and Safety Code.
c. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
d. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.
8.10.960 Enforcement and Penalties
A. 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 an amount of three hundred dollars ($300) annually.
B. Unless otherwise provided for in this Chapter 8.10, t he City’s procedures on imposition of administrative fines, Chapter 1.02, Sections 1.02.010 – 1.02.140, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this a rticle, except as otherwise indicated in this article. This article shall only apply to those entities subject to the City’s regulatory jurisdiction.
C. The City Manager, or his/her designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation 65266.00008\34922510.1
of any provision of this chapter. The City Manager, or his/her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purpos es of this chapter or to obtain compliance with this chapter, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this chapter.
D. Any violation of any of the requirements of this chapter shall constitute an infraction. Each and every day that a violation occurs shall constitute a separate violation.
E. The remedies and penalties provided in this chapter are cumulative and not exclusive, and nothing in this chapter shall preclude the Cit y from pursuing any other remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure developed pursuant hereto.
SECTION 3. No Conflict with Federal or State Law. Nothing in this Chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 4 : CEQA. The City of Goleta has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs.§ 15061(b){3)) covering activities with no possibility of having a significant effect on the environment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. Certification. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 7. Effective Date. This ordinance shall take effect on the 31 st day following
adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2022.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2022.
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_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 22-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ CITY CLERK