Food Facilities

• Cease providing single use plastic straws and stirrers from self-serve dispensers/stations.
• Cease automatically providing customers single use food service accessories such as utensils, straws, and condiments.
• Indicate which single use food service accessories are available through online food-ordering platforms.
• If the food facility is a full-service restaurant, only use multiservice utensils for dine-in customers.
• If providing single use food service articles such as accessories and food/beverage containers, use recyclable or compostable single use food service articles.

Single use food service articles must only be compostable or recyclable. Compostable articles must conform to the following requirements:

• Must be free of all fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (e.g., PFAS)
• Must be "home compostable" by a certifying organization acceptable to Public Works. "Home compostable" means that the material will biodegrade at moderate temperatures in a composting bin designed for home use.
  • If it is not home compostable, then it must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material.
  • If it is not home compostable or fiber-based, then it must be certified compostable by both the Biodegradable Products Institute (BPI) and the Compost Manufacturing Alliance (CMA).

“Recyclable” means capable of being source-separated or otherwise removed from the waste stream when discarded, and then feasibly recycled, salvaged, processed, or marketed by any means other than landfilling or burning, and returned to use by society, irrespective of whether it is compostable. Recyclable articles conform to the following requirements:

Recycling, salvage, or processing facilities must be readily available to receive, recycle, salvage and/or process the materials.

• Facilities must have the technical and operational ability
• Facilities must have adequate capacity
• Facilities must clearly indicate a currently available market for such recycled, salvaged, or processed material.

In no event shall single use articles made with plastic be considered recyclable.

• Supplies and services provided in response to a declared emergency
• Single use articles that health facilities provide to patients with ready-to-eat food during the course of treatment.

Yes, both compostable and recyclable single use accessories may be provided using self-dispensers or stations, with the exception of single use plastic straws and single use plastic stirrers. Single use foodware accessories, however, shall not be bundled or packaged in a manner that prohibits a customer from taking only the type of single use foodware accessory, if any, that may be desired without also having to take a different type of single use foodware accessory.

Public Works or their consultants may conduct site visits to provide education and technical assistance to businesses.

Records of purchases to show compliance, in either written or electronic form, retained for a period of three (3) years. They shall be made available for inspection at the request of Public Works or Public Health.

• Written warning notice
• Food facility fine is one hundred dollars ($100) for each day of violation, up to a maximum fine of one thousand dollars ($1,000)
• Third-party online food-ordering business fine is one hundred dollars ($100) for the first day of violation and up to two hundred dollars ($200) for each additional day of violation
• Any person that violates any provision of this Chapter may be subject to a civil action, including, but not limited to, an injunction, and shall be liable for a civil penalty of up to one thousand dollars ($1,000) for each day of violation

Yes. State law (AB 619, 2019) explicitly allows reusable food containers to be refilled by either the owner/operator of a food facility or the customer. Customers may supply their own reusable containers. If a takeback system is established, food facilities may accept returned reusable food containers from customers for reuse.

• Read More About AB 619
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