Amended IN Senate June 27, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1884Introduced by Assembly Members Calderon and Bloom(Coauthor: Senator Stern)January 17, 2018An act to add Section 114082 to the Health and Safety Code, Chapter 5.2 (commencing with Section 42270) to Part 3 of Division 30 of the Public Resources Code, relating to food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1884, as amended, Calderon. 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. defined. Existing law defines enforcement officer, for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws straws, as defined, 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, but not to exceed an annual total of $300. The provisions would be enforced by the same officers authorized to enforce the California Retail Food Code. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES 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 paragraphs (1) through (11), inclusive, of 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, but not to exceed three hundred dollars ($300) annually.SECTION 1. Chapter 5.2 (commencing with Section 42270) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.2. Single-Use Plastic Straws42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.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.
Amended IN Senate June 27, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1884Introduced by Assembly Members Calderon and Bloom(Coauthor: Senator Stern)January 17, 2018An act to add Section 114082 to the Health and Safety Code, Chapter 5.2 (commencing with Section 42270) to Part 3 of Division 30 of the Public Resources Code, relating to food facilities.LEGISLATIVE COUNSEL'S DIGESTAB 1884, as amended, Calderon. 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. defined. Existing law defines enforcement officer, for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws straws, as defined, 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, but not to exceed an annual total of $300. The provisions would be enforced by the same officers authorized to enforce the California Retail Food Code. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate June 27, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 16, 2018 Amended IN Assembly February 05, 2018
Amended IN Senate June 27, 2018
Amended IN Assembly April 30, 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 Members Calderon and Bloom(Coauthor: Senator Stern)January 17, 2018
Introduced by Assembly Members Calderon and Bloom(Coauthor: Senator Stern)
January 17, 2018
An act to add Section 114082 to the Health and Safety Code, Chapter 5.2 (commencing with Section 42270) to Part 3 of Division 30 of the Public Resources Code, relating to food facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1884, as amended, Calderon. 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. defined. Existing law defines enforcement officer, for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale.This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws straws, as defined, 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, but not to exceed an annual total of $300. The provisions would be enforced by the same officers authorized to enforce the California Retail Food Code. 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, 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. defined. Existing law defines enforcement officer, for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale.
This bill would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws straws, as defined, 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, but not to exceed an annual total of $300. The provisions would be enforced by the same officers authorized to enforce the California Retail Food Code. 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.
## 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 paragraphs (1) through (11), inclusive, of 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, but not to exceed three hundred dollars ($300) annually.SECTION 1. Chapter 5.2 (commencing with Section 42270) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.2. Single-Use Plastic Straws42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(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 paragraphs (1) through (11), inclusive, of 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, but not to exceed three hundred dollars ($300) annually.
SECTION 1. Chapter 5.2 (commencing with Section 42270) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.2. Single-Use Plastic Straws42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.
SECTION 1. Chapter 5.2 (commencing with Section 42270) is added to Part 3 of Division 30 of the Public Resources Code, to read:
### SECTION 1.
CHAPTER 5.2. Single-Use Plastic Straws42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.
CHAPTER 5.2. Single-Use Plastic Straws42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.
CHAPTER 5.2. Single-Use Plastic Straws
CHAPTER 5.2. Single-Use Plastic Straws
42270. For purposes of this chapter, the following definitions shall apply:(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.
42270. For purposes of this chapter, the following definitions shall apply:
(a) Consumer has the same meaning as in Section 113757 of the Health and Safety Code.
(b) Enforcement officer has the same meaning as in Section 113774 of the Health and Safety Code.
(c) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.
(d) Single-use plastic straw means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. Single-use plastic straw does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.
42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.
42271. (a) A food facility where food may be consumed on the premises shall not provide a single-use plastic straw to a consumer unless requested by the consumer. For purposes of this section, a food facility shall not include a facility listed in paragraphs (1) through (11), inclusive, of subdivision (b) of Section 113789 of the Health and Safety Code, and shall not include a food facility with a self-service beverage station.
(b) This section shall be enforced by an enforcement officer. 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, but not to exceed three hundred dollars ($300) annually.
(c) Nothing in this section shall prevent a city, county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility from providing a single-use plastic straw to a consumer.
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.