383131.2
Single-Use Carryout Bag & Foodware Ordinance
Summary of Key Points
Single-Use Carryout Bags
• Designated Businesses1 may not provide single-use carryout bags and may only provide compostable bags (both before and at check-out).
o Customers must be charged $0.25 per bag, and this $0.25 charge must be separately itemized on the sales receipt.
• The following uses and items are exempt from these regulations:
o Bags used for government or charitable food distribution centers (i.e. food banks); o Bags used for safe transport of butchered meats, fish, or poultry; o Bags used for liquid food items (soups, drinks, sauces) or melting/defrosting frozen items, where the bag is needed to prevent leakage;
o Bags used in emergency circumstances;
o Bags provided to customers participating in the California Special Supplemental Food Program for Women, Infants, and Children (Health & Safety Code, § 123275, et seq.) or the Supplemental Food Program (Health & Safety Code, § 15500, et seq.);
o Sales of bulk plastic bags or recyclable bags for food storage, trash pet waste, etc. • Customers are encouraged to bring their own carryout bags to transport goods. Designated Businesses may decline to use a customer-provided bag during high-traffic service periods or if a bag is cracked, chipped, unsanitary, or otherwise inappropriate for use.
Waste Containers
• All commercial and business establishments who provide waste containers for customers must provide separate “graphic rich” receptacles for three types of waste: (1) a brown receptacle for solid waste, (2) a blue receptacle for recyclables, and (3) a green receptacle for compostables.
• These receptacles must be provided in both customer accessible areas for customer use and kitchen/clean-up areas for employee use.
1 “Designated Businesses” include “Retail Establishments” and “Public Food Establishments.” “Retail Establishment” means any store, shop, sales outlet, tasting room, farmers market, and any other establishment that sells merchandise at retail directly to the customer or that holds a Type 20 or Type 21 off-sale alcoholic beverage sales license, and is located within or doing business within the geographical limits of the Town of Yountville (excluding “Public Food Establishments”) “Public Food Establishment” means a restaurant, take-out food establishment, grocery store, coffee shop, hotel, motel, bed and breakfast, inn, lodging facility, tasting room, roadside stand, takeout food vendor, caterer, theater, or any other business that serves or provides a product to customers and that generates sales tax or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Code), unless otherwise exempted in this chapter. 383131.2
Reusable & Compostable Foodware
• Dining on-premises:
o Food Providers2 may only provide reusable foodware (e.g., utensils, plates, trays, etc.), though foodware accessories (e.g., napkins, straws, etc.) may be compostable.
o Condiments must be offered in reusable containers or dispensers rather than prepacked, single-use packets. o Food Providers may apply for a waiver from these requirements based on space, staffing, financial, and/or other constraints.
• Dining off-premises:
o Food Providers may only provide reusable or compostable foodware. Food o Providers may only provide utensils (forks, spoons, sporks, knives), straws, and napkins upon request, but may provide lids, spill plugs, and sleeves without request for disposable cups as necessary for safe transport.
o Bags for transporting food must be paper or compostable, unless used for liquid food items or melting/defrosting frozen items.
o Food Providers must provide convenient opportunities for Customers to affirmatively request foodware accessories across all ordering/point of sale platforms. o Food Providers may offer a discount to customers who bring their own reusable foodware, cups, etc.
• For each disposable cup or take-out container provided, Customers must be charged $0.25 (up to $1.00 per order).
o This charge must be separately itemized on the sales receipt and identified on menus, signs, online, or verbally over the phone.
o This charge does not apply to pizza boxes or customers participating in the California Special Supplemental Food Program for Women, Infants, and Children (Health & Safety Code, § 123275, et seq.) or the Supplemental Food Program (Health & Safety Code, § 15500, et seq.).
• The following items and uses are exempt from these regulations:
o Recyclable foodware made entirely of aluminum or glass; o Pre-packaged food that is not modified or unpackaged for sale; o Packaged food for government or charitable food distribution centers (i.e. food banks);
o Use of noncompliant items where compostable foodware is unavailable and a waiver has been granted by the Town Manager;
o Disposable foodware required for health and safety;
o Bulk items (excluding bulk polystyrene disposable foodware products); 2 “Food Providers” include “Food Service Establishments” and “Food Vendors.” “Food Service Establishment" means any store, shop, sales outlet, restaurant, or other establishments, including but not limited to a grocery store, delicatessen, bakery, vehicle or mobile unit-based vendor, drive-in, drive-thru, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theater, bed and breakfast, inn, lodging facility, tavern, bar, cocktail lounge, tasting room, nightclub, roadside stand, takeout food place, industrial feeding establishment, catering kitchen, commissary, special event, food market, farmers market, produce stand, food stand, or similar place in which food or drink is prepared for sale, or for service on-premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided to customers and that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the California Revenue and Taxation Code). “Food Vendor” means any restaurant, vendor, business, nonprofit, organization, entity, group, or person that provides prepared food for retail, including a food service establishment. Food Vendor includes all operations that carry a food permit from the Napa County Department of Environmental Health.
383131.2
o Disposable foodware used or distributed in cases of emergency or special events permitted prior to the effective date of this ordinance.
Styrofoam Foodware
• Food Providers may not provide prepared food to customers in polystyrene foodware (i.e., Styrofoam).
o The following items and uses are exempt from these regulations:
▪ Pre-packaged food that is not modified or unpackaged for sale; ▪ Polystyrene foodware used in emergency circumstances; ▪ Medical supplies and services;
▪ Polystyrene products wholly encased in durable material (i.e., ice chests) ▪ Properly handled construction products.
▪ Polystyrene foodware used in cases of emergency or at special events permitted prior to the effective date of this ordinance.
Single Use Water Bottles
• No Vendor may provide single use plastic water bottles, except as exempted. Vendors are encouraged to provide bottle-filling water stations and drinking fountains. o The following items and uses are exempt from these regulations:
▪ Recyclable water bottles and containers, including but not limited to aluminum cans, glass bottles, cardboard containers, but not including plastic items with a recycling code of 1 or 2.
▪ Single-use water bottles for use and delivery by government or charitable food distribution centers (i.e., food banks).
▪ Where specific hydration requirements exist for employees working outside and no reasonable alternative to single-use plastic water bottles will serve the same purpose.
▪ Single use water bottles used or distributed in cases of emergency or at special events permitted prior to the effective date of this ordinance.