Amended IN Senate August 16, 2021 Amended IN Senate July 05, 2021 Amended IN Assembly May 27, 2021 Amended IN Assembly April 29, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 17, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1276Introduced by Assembly Members Carrillo and Lorena Gonzalez(Coauthors: Assembly Members Bryan, Friedman, Muratsuchi, Luz Rivas, Stone, and Ting)(Coauthors: Senators Allen Allen, Skinner, and Wiener)February 19, 2021 An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public Resources Code, relating to single-use food accessories. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1276, as amended, Carrillo. Single-use food accessories. foodware accessories and standard condiments.Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents. Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.This bill would instead prohibit a food facility or a third-party food delivery platform, as defined, from providing any single-use food accessories, foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. The bill would authorize a food facility to ask a drive-through consumer consumer, or a food facility located within a public airport to ask a walk-through consumer, if the consumer wants a single-use food foodware accessory in specified circumstances. The bill would require a food facility using a third-party food delivery platform to provide each of its ready-to-eat food vendors with the option to customize the vendors menu, on the online food-ordering platform, regarding list on its menu the availability of single-use food accessories, foodware accessories and standard condiments and only provide those items when requested, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional duties on local governing bodies, 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. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read: CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware CondimentsSEC. 2. Section 42270 of the Public Resources Code is amended to read: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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.SEC. 3. Section 42271 of the Public Resources Code is amended to read:42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.SEC. 4. Section 42272 is added to the Public Resources Code, to read:42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.SEC. 5. Section 42273 is added to the Public Resources Code, to read:42273. This chapter does not apply to any of the following:(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 1340) 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.SEC. 6. 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 August 16, 2021 Amended IN Senate July 05, 2021 Amended IN Assembly May 27, 2021 Amended IN Assembly April 29, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 17, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1276Introduced by Assembly Members Carrillo and Lorena Gonzalez(Coauthors: Assembly Members Bryan, Friedman, Muratsuchi, Luz Rivas, Stone, and Ting)(Coauthors: Senators Allen Allen, Skinner, and Wiener)February 19, 2021 An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public Resources Code, relating to single-use food accessories. solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 1276, as amended, Carrillo. Single-use food accessories. foodware accessories and standard condiments.Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents. Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.This bill would instead prohibit a food facility or a third-party food delivery platform, as defined, from providing any single-use food accessories, foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. The bill would authorize a food facility to ask a drive-through consumer consumer, or a food facility located within a public airport to ask a walk-through consumer, if the consumer wants a single-use food foodware accessory in specified circumstances. The bill would require a food facility using a third-party food delivery platform to provide each of its ready-to-eat food vendors with the option to customize the vendors menu, on the online food-ordering platform, regarding list on its menu the availability of single-use food accessories, foodware accessories and standard condiments and only provide those items when requested, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional duties on local governing bodies, 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 August 16, 2021 Amended IN Senate July 05, 2021 Amended IN Assembly May 27, 2021 Amended IN Assembly April 29, 2021 Amended IN Assembly April 05, 2021 Amended IN Assembly March 17, 2021
Amended IN Senate August 16, 2021
Amended IN Senate July 05, 2021
Amended IN Assembly May 27, 2021
Amended IN Assembly April 29, 2021
Amended IN Assembly April 05, 2021
Amended IN Assembly March 17, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1276
Introduced by Assembly Members Carrillo and Lorena Gonzalez(Coauthors: Assembly Members Bryan, Friedman, Muratsuchi, Luz Rivas, Stone, and Ting)(Coauthors: Senators Allen Allen, Skinner, and Wiener)February 19, 2021
Introduced by Assembly Members Carrillo and Lorena Gonzalez(Coauthors: Assembly Members Bryan, Friedman, Muratsuchi, Luz Rivas, Stone, and Ting)(Coauthors: Senators Allen Allen, Skinner, and Wiener)
February 19, 2021
An act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public Resources Code, relating to single-use food accessories. solid waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1276, as amended, Carrillo. Single-use food accessories. foodware accessories and standard condiments.
Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents. Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.This bill would instead prohibit a food facility or a third-party food delivery platform, as defined, from providing any single-use food accessories, foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. The bill would authorize a food facility to ask a drive-through consumer consumer, or a food facility located within a public airport to ask a walk-through consumer, if the consumer wants a single-use food foodware accessory in specified circumstances. The bill would require a food facility using a third-party food delivery platform to provide each of its ready-to-eat food vendors with the option to customize the vendors menu, on the online food-ordering platform, regarding list on its menu the availability of single-use food accessories, foodware accessories and standard condiments and only provide those items when requested, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional duties on local governing bodies, 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 prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer, and places the duty to enforce this prohibition on specified state and local health and environmental health officers and their agents. Existing law specifies that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300.
This bill would instead prohibit a food facility or a third-party food delivery platform, as defined, from providing any single-use food accessories, foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided. The bill would prohibit those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. The bill would authorize a food facility to ask a drive-through consumer consumer, or a food facility located within a public airport to ask a walk-through consumer, if the consumer wants a single-use food foodware accessory in specified circumstances. The bill would require a food facility using a third-party food delivery platform to provide each of its ready-to-eat food vendors with the option to customize the vendors menu, on the online food-ordering platform, regarding list on its menu the availability of single-use food accessories, foodware accessories and standard condiments and only provide those items when requested, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.
This bill would require a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. The bill would specify that the first and 2nd violations of these provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300. By creating a new crime and imposing additional duties on local governing bodies, 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. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read: CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware CondimentsSEC. 2. Section 42270 of the Public Resources Code is amended to read: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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.SEC. 3. Section 42271 of the Public Resources Code is amended to read:42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.SEC. 4. Section 42272 is added to the Public Resources Code, to read:42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.SEC. 5. Section 42273 is added to the Public Resources Code, to read:42273. This chapter does not apply to any of the following:(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 1340) 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.SEC. 6. 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:
SECTION 1. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read: CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware Condiments
SECTION 1. The heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code is amended to read:
### SECTION 1.
CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware Condiments
CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware Condiments
CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware Condiments
CHAPTER 5.2. Single-Use Food Foodware Accessories and Serviceware Condiments
SEC. 2. Section 42270 of the Public Resources Code is amended to read: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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.
SEC. 2. Section 42270 of the Public Resources Code is amended to read:
### SEC. 2.
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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.
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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.
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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.(f)(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:(1) Utensils, which is defined as forks, knives, spoons, and sporks.(2) Chopsticks.(3) Napkins.(4) Condiment cups and packets.(5) Straws.(6) Stirrers.(7) Splash sticks.(8) Cocktail sticks.(g)(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.(h)(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.
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) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.
(c) Ready-to-eat food has the same meaning as in Section 113881 of the Health and Safety Code.
(d) Single-use means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(e)Single-use food accessory means any standard condiment in single-use packaging or single-use food serviceware.
(f)
(e) Single-use food serviceware foodware accessory means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, and sporks.
(2) Chopsticks.
(3) Napkins.
(4) Condiment cups and packets.
(5) Straws.
(6) Stirrers.
(7) Splash sticks.
(8) Cocktail sticks.
(g)
(f) Standard condiment means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(h)
(g) Third-party food delivery platform has the same meaning as in Section 113930.5 of the Health and Safety Code.
SEC. 3. Section 42271 of the Public Resources Code is amended to read:42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.
SEC. 3. Section 42271 of the Public Resources Code is amended to read:
### SEC. 3.
42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.
42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.
42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.(b)(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (c)(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.(d)(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.(e)(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.(f)Food facilities are encouraged,(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.
42271. (a) Except as provided in subdivision (b), subdivisions (c) and (d), a food facility facility, for on-premises dining or when using a third-party food delivery platform platform, shall not provide a any single-use food foodware accessory or standard condiment packaged for single use to a consumer unless the single-use food foodware accessory or standard condiment is requested by the consumer.
(b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(b)
(c) A food facility may ask a drive-through consumer if the consumer wants a single-use food foodware accessory if the single-use food foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(d) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(c)
(e) (1) A third-party food delivery platform shall provide each of its ready-to-eat food vendors with the option to customize the ready-to-eat food vendors menu, on the online food-ordering platform, with a list of the single-use food accessories offered by the ready-to-eat food vendor. consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a ready-to-eat food vendor chooses to food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu as described in paragraph (1), with a list of available single-use foodware accessories and standard condiments, and only those single-use food foodware accessories or standard condiments selected by the consumer shall be provided. provided by the food facility. If a consumer does not select any single-use food accessories, foodware accessories or standard condiments, no single-use food foodware accessory or standard condiment shall be provided. provided by the food facility.
(3)If a ready-to-eat food vendor chooses not to customize its menu as described in paragraph (1), the third-party food delivery platform shall post the following statement next to the ready-to-eat food vendors menu on the online food-ordering platform: This restaurant has not listed single-use food accessories on its menu.
(d)
(f) Nothing in this section shall prohibit a food facility from making unwrapped single-use food foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use food foodware accessories to be obtained upon the consumers request. A obtained.
(g) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than single-use condiments. condiments packaged for single-use.
(e)
(h) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use food foodware accessories or standard condiments to a consumer.
(f)Food facilities are encouraged,
(i) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that would support the a goal of reducing the use of and waste generated by all single-use food accessories. service products.
SEC. 4. Section 42272 is added to the Public Resources Code, to read:42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.
SEC. 4. Section 42272 is added to the Public Resources Code, to read:
### SEC. 4.
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.(b) 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 three hundred dollars ($300) annually.
42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.
(b) 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 three hundred dollars ($300) annually.
SEC. 5. Section 42273 is added to the Public Resources Code, to read:42273. This chapter does not apply to any of the following:(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 1340) 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.
SEC. 5. Section 42273 is added to the Public Resources Code, to read:
### SEC. 5.
42273. This chapter does not apply to any of the following:(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 1340) 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.
42273. This chapter does not apply to any of the following:(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 1340) 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.
42273. This chapter does not apply to any of the following:(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 1340) 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.
42273. This chapter does not apply to any of the following:
(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 1340) 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.
SEC. 6. 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. 6. 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. 6. 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. 6.
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.