Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1884Introduced by Assembly Member Calderon Members Calderon and BloomJanuary 17, 2018An act to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. An act to add Section 114082 to the Health and Safety Code, relating to food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1884, as amended, Calderon. Solid waste: single-use plastic straws. Food facilities: single-use plastic straws.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires, except as otherwise provided, a person who violates any provision of the code to be guilty of a misdemeanor, punishable as specified.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes state programs for the regulation of various solid waste, including, among others, plastic products, tires, and electronics. Existing law also imposes health and sanitation standards for retail food facilities, as defined, including restaurants.This bill would prohibit a food facility, as specified, where food may be consumed on the premises from providing single-use plastic straws to consumers unless requested by the consumer, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 114082 is added to the Health and Safety Code, to read:114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Chapter 5.8 (commencing with Section 42359) is added to Part 3 of Division 30 of the Public Resources Code, to read:5.8.Plastic Straws42359.A food facility, as defined in Section 113789 of the Health and Safety Code, where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789 of the Health and Safety Code, nor a food facility with a self-service beverage station.
Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1884Introduced by Assembly Member Calderon Members Calderon and BloomJanuary 17, 2018An act to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. An act to add Section 114082 to the Health and Safety Code, relating to food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1884, as amended, Calderon. Solid waste: single-use plastic straws. Food facilities: single-use plastic straws.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires, except as otherwise provided, a person who violates any provision of the code to be guilty of a misdemeanor, punishable as specified.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes state programs for the regulation of various solid waste, including, among others, plastic products, tires, and electronics. Existing law also imposes health and sanitation standards for retail food facilities, as defined, including restaurants.This bill would prohibit a food facility, as specified, where food may be consumed on the premises from providing single-use plastic straws to consumers unless requested by the consumer, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018
Amended IN Assembly April 16, 2018
Amended IN Assembly February 05, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1884
Introduced by Assembly Member Calderon Members Calderon and BloomJanuary 17, 2018
Introduced by Assembly Member Calderon Members Calderon and Bloom
January 17, 2018
An act to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. An act to add Section 114082 to the Health and Safety Code, relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1884, as amended, Calderon. Solid waste: single-use plastic straws. Food facilities: single-use plastic straws.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires, except as otherwise provided, a person who violates any provision of the code to be guilty of a misdemeanor, punishable as specified.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes state programs for the regulation of various solid waste, including, among others, plastic products, tires, and electronics. Existing law also imposes health and sanitation standards for retail food facilities, as defined, including restaurants.This bill would prohibit a food facility, as specified, where food may be consumed on the premises from providing single-use plastic straws to consumers unless requested by the consumer, as specified.
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. Existing law requires, except as otherwise provided, a person who violates any provision of the code to be guilty of a misdemeanor, punishable as specified.
This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. By creating a new crime and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes state programs for the regulation of various solid waste, including, among others, plastic products, tires, and electronics. Existing law also imposes health and sanitation standards for retail food facilities, as defined, including restaurants.
This bill would prohibit a food facility, as specified, where food may be consumed on the premises from providing single-use plastic straws to consumers unless requested by the consumer, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 114082 is added to the Health and Safety Code, to read:114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Chapter 5.8 (commencing with Section 42359) is added to Part 3 of Division 30 of the Public Resources Code, to read:5.8.Plastic Straws42359.A food facility, as defined in Section 113789 of the Health and Safety Code, where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789 of the Health and Safety Code, nor a food facility with a self-service beverage station.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 114082 is added to the Health and Safety Code, to read:114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.
SECTION 1. Section 114082 is added to the Health and Safety Code, to read:
### SECTION 1.
114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.
114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.
114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.
114082. (a) A food facility where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789, nor a food facility with a self-service beverage station.
(b) Notwithstanding Section 114395, the first and second violations of subdivision (a) shall result in a warning, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day the food facility is in violation.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
A food facility, as defined in Section 113789 of the Health and Safety Code, where food may be consumed on the premises shall not provide single-use plastic straws to consumers unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in subdivision (b) of Section 113789 of the Health and Safety Code, nor a food facility with a self-service beverage station.