Chapter 8.17
REUSABLE FOODWARE AND WASTE REDUCTION (Effective 3/20/2024)
Sections:
8.17.040 Recordkeeping and inspection.
8.17.060 Administration, enforcement, and penalties.
8.17.010 Purpose.
It is the intent of the City of Calistoga in enacting this chapter to eliminate the use of polystyrene foodware and single-use plastic foodware items and to require the use of reusable, or compostable, food containers by food providers and customers in Calistoga. Additionally, it is the intent of this chapter to comply with the requirements of California Assembly Bill 1276 (2021) and to require single-use foodware accessories and condiments packaged for single use to be provided only if requested by a consumer. (Ord. 759 § 2 (Exh. A), 2023).
8.17.020 Definitions.
For purposes of this chapter, the terms in this section shall have the following meaning:
A. “BPI certified” means those compostable fiber foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are fluorinated chemical free.
B. “City” means the City of Calistoga.
C. “City facilities” means any building, structure, or vehicle owned or operated by the city, its agencies and departments, and the integrated waste franchisees that are located or operated within the city or by City-contracted collection program(s).
D. “City Manager” means the City Manager of the City of Calistoga, or the City Manager’s designee.
E. “City-contracted collection program(s)” means a person, business or entity contracted by the City to collect, process, recycle, compost and/or dispose of waste.
F. “Compostable” means that (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner, as defined by City-contracted collection program(s), (2) item is certified by either BPI or other third-party product certification recognized by the City, to ensure that the item is free of harmful chemicals, including but not limited to fluorinated chemicals that may have been used in foodware manufacture, and (3) item is made entirely of natural fiber as defined in this chapter.
1. “Compostable” includes entirely natural fiber-based items except as otherwise specified in this chapter.
2. “Compostable” includes disposable foodware utensils made from bamboo, birchwood, and other natural fiber material except as excluded in this chapter.
3. Currently “compostable” shall not include disposable foodware made from corn or potato.
4. “Compostable” shall not include items composed wholly or partially of plastic of any kind, including any form of polylactic acid (PLA), and/or plastic labeled “biodegradable” or “compostable,” as these are not biodegradable by city-contracted collection program(s).
5. “Compostable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not compostable by city-contracted collection program(s).
G. “Customer” means any person obtaining prepared food from a food provider for on- or off-site consumption.
H. “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.
I. “Disposable cup” or “nonreusable cup” means a beverage cup designed for single use to serve beverages, such as water, cold drinks, hot drinks, and alcoholic beverages.
J. “Event promoter” means an applicant for any special event permit issued by the City pursuant to Chapter 5.18 CMC.
K. “Foodware” means all containers, coolers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, utensils (forks, spoons, sporks, knives, chopsticks, etc.), napkins, condiment cups and packets, cocktail picks, toothpicks (and the packaging that these individual items are wrapped in, if any), cup sleeves, tops, and spill plugs. The term “foodware” includes “foodware accessories.”
L. “Food provider” means any food vendor or food service establishment.
M. “Food service establishment” means any store, shop, sales outlet, restaurant, or other establishments, other than a restaurant, including but not limited to a grocery store, delicatessen, bakery, vehicle or mobile unit-based vendor, drive-in, drive-through, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theater, bed and breakfast inn, tavern, bar, cocktail lounge, tasting room, nightclub, roadside stand, takeout food place, industrial feeding establishment, catering kitchen, commissary, special event, food market, farmers market, produce stand, food stand, or similar place in which food or drink is prepared for sale, or for service on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided to customers and that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the California Revenue and Taxation Code).
N. “Food vendor” means any restaurant, vendor, business, nonprofit, organization, entity, group, or person that provides prepared food for retail, including a food service establishment. “Food vendor” includes all operations that carry a food permit from the Napa County Department of Environmental Health.
O. “Foodware accessory” means disposable foodware items often provided with prepared food, including but not limited to knives, forks, spoons, sporks, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.
P. “Natural fiber” means plant- or animal-based, nonsynthetic fiber that is compostable, including but not limited to products made from uncoated paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc. Natural fiber shall not include items composed wholly or partially of plastic of any kind.
Q. “On-premises” means customers consume food or beverages on the property of a food provider, or are served at outdoor seating by food provider staff.
R. “Off-premises” means customers do not consume food or beverages on the property of a food provider but are purchased to be consumed elsewhere (e.g., takeout, carry-away, leftovers, etc.).
S. “On request” means at the request of a customer.
T. “Person” means and includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
U. “Plastic bottle” means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of 16 fluid ounces or more, but less than five gallons, intended primarily as a single-service container.
V. “Polystyrene” means a thermoplastic petrochemical material utilizing a styrene monomer and processed by various techniques such as fusion of polymer spheres (“expandable bead polystyrene”), injection molding, form molding, and extrusion blow molding (“extruded foam polystyrene”), blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a trademarked form of polystyrene foam insulation). Polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and coolers.
W. “Prepared food” means food or beverages that undergo a cooking, assembly, or food preparation technique for consumption on premises or off premises of a food establishment. Prepared food shall not include raw, butchered meats, fish, and/or poultry sold from a butcher counter, a butcher case or similar retail appliance.
X. “Recyclable” means material that can be sorted, cleaned, and reconstituted by city-contracted collection program(s) for the purpose of using the altered form in the manufacturing of a new product.
1. “Recyclable” shall include glass bottles and jars, aluminum/tin/bimetal cans, bottles and trays, unlined paper products that are free of oils and/or food, and cardboard that is not coated.
2. Currently “recyclable” includes plastic items with a recycling code of 1 and/or 2 only.
3. “Recyclable” and/or “recycling” shall not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
4. “Recyclable” shall not include items that are composed wholly or partially of polylactic acid (PLA).
5. “Recyclable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not recyclable by city-contracted collection program(s).
Y. “Reusable foodware” means all foodware specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time and is safe for washing and sanitizing according to applicable regulations.
Z. “Store” means any of the following retail establishments located within the geographical limits of the City that meet the following requirements:
1. “Supermarket” means a full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items, and some perishable items.
2. “Retail store” means a store with retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Code).
3. “Convenience food store” means any entity engaged in the retail sale of a limited line of goods that includes milk, bread, sodas, and snack foods including those stores with a Type 20 or 21 license issued by the California Department of Alcoholic Beverage Control.
AA. “Takeout food” means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the retail food vendor.
BB. “Vendor” means any store or business which sells or offers for sale goods or merchandise, located or operating within the city, including food providers. (Ord. 759 § 2 (Exh. A), 2023).
8.17.030 Foodware standards.
A. On-Premises.
1. Food providers providing food and beverages consumed on premises shall provide only reusable foodware, except as exempted in this chapter.
2. Food providers may provide disposable foodware accessories which are compostable, including napkins, food wrappers, straws, stirrers, toothpicks, cocktail sticks, tray liners, and plate liners, for food and beverages consumed on premises, except as exempted in this chapter.
3. Food providers shall offer condiments in reusable containers or dispensers rather than pre-packaged, single-use condiment packets for condiments consumed on premises and for self-serve stations, except as exempted in this chapter.
B. Off-Premises.
1. Food providers shall provide reusable foodware or disposable foodware, which are compostable, for food and beverages consumed off-premises, except as exempted in this chapter.
2. Food providers for delivery, takeout, or curbside pickup shall provide disposable foodware accessories which are compostable, and single-use condiments only on request or at self-serve stations for food and beverages consumed off premises. A food provider for delivery service may include lids, spill plugs, and sleeves without request for disposable/nonreusable cups as necessary for safe transport.
3. Food providers shall provide convenient opportunities for customers to affirmatively request foodware accessories across all ordering/point of sale platforms, including but not limited to web, smartphone, and/or other digital platforms, telephone, and in person.
4. Food providers shall only provide food bags that are paper or compostable except as exempted in this chapter.
5. Food providers may use single-use plastic bags only for liquid food items, such as soup, drinks, foods with liquid sauces, etc., where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.
6. Food providers shall permit use of customer-provided bags for takeout orders except as exempted in this chapter.
7. For takeout food orders, food providers may, at their sole discretion, deny use of any customer-provided bag or container that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended food item, or that appears to be excessively soiled or unsanitary.
8. Food providers may deny use of customer-provided bag(s), and instead provide compliant bags for takeout food orders during high-traffic periods when waiting for customer to bring customer-provided bag would interfere with timely prepackaging orders.
9. Food providers shall provide plastic straws upon customer request only as required to accommodate persons with medical or other special or access needs.
C. Customer-Provided Reusable Cups and Other Foodware.
1. Customers are encouraged to use their own reusable cups for takeout drinks.
2. At their discretion, food providers may offer a discount to customers who bring a reusable cup or other foodware for off-premises consumption in accordance with California Retail Food Code Section 114121(a).
D. Polystyrene Disposable Foodware – Prohibited Use and Sale.
1. Food providers are prohibited from providing prepared food to customers in polystyrene foodware, except as exempted in this chapter.
2. Polystyrene foodware shall not be sold, used, or provided by any vendor or event promoter in the City, except containers that are wholly encapsulated or encased within a more durable material, such as polystyrene-insulated reusable coolers, except as exempted in this chapter (e.g., Styrofoam cups, Styrofoam coolers, etc.). (Ord. 759 § 2 (Exh. A), 2023).
8.17.040 Recordkeeping and inspection.
A. Food providers shall keep complete and accurate records or documents of the below items.
1. Commencing on the effective date of the ordinance codified in this chapter, food providers shall keep complete and accurate records or documents of the purchase of the acceptable disposable foodware evidencing compliance with this chapter for a minimum period of three years from the date of purchase.
2. The records shall be made available for inspection at no cost to the City enforcement officials or representatives designated by the City during regular business hours. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the food provider’s address.
3. The provision of false or incomplete information, records, or documents to the City enforcement officials or representatives designated by the City shall be a violation of this chapter.
B. City enforcement officials or representatives designated by the City are authorized to conduct inspections and investigations of foodware usage in any portion of the food provider’s premises to confirm compliance with this chapter by food providers, subject to applicable laws. Such inspections and investigations may include confirmation of proper foodware usage or other requirements of this chapter described herein.
1. Any records obtained by the City and/or its designee during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (Ord. 759 § 2 (Exh. A), 2023).
8.17.050 Exemptions.
A. The following items or activities are exempt from the disposable foodware provisions set forth in this chapter:
1. Disposable foodware composed entirely of aluminum or glass and is recyclable.
2. Prepackaged food that arrives at the premises of the food service establishment in a container or wrapper and is not removed from the container or wrapper before its sale or distribution.
3. Repackaging of bulk food items in plastic bags for preservation and delivery purposes by government or charitable food distribution centers, such as food banks.
4. Where suitable, compostable foodware products that comply with the provisions of this chapter are unavailable, as in the examples provided, vendors shall use recyclable products if available.
5. When needed to comply with State or County health code regulations, such as regulations requiring specified temperature be maintained for hot-table display; and when no compostable product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance as described in CMC 8.17.020(BB); and when the use of compostable products would be inappropriate for deli or grocery items such as sushi, salads, and cakes, requiring display packaging, recyclable products shall be utilized unless no such product is available.
6. Bulk disposable foodware items sold by vendors, excluding bulk disposable foodware products made of polystyrene.
B. The following items or activities are exempt from the polystyrene prohibitions set forth in this chapter:
1. Prepackaged food that arrives at the premises of the food provider in a container or wrapper and is not removed from the container or wrapper before its sale or distribution (e.g., ramen noodles in a polystyrene cup or prepackaged meat in polystyrene trays sold at a grocery store.)
2. Polystyrene used at City facilities, by City franchisees, contractors, and any vendors doing business with the City in situations deemed by the City Manager or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.
3. Medical supplies and services.
4. Products made from polystyrene that are wholly encapsulated or encased by more durable material. Examples include surfboards, boats, life preservers, craft supplies, coolers, and ice chests which are wholly encapsulated or encased by more durable material.
5. Construction products made from polystyrene if the products are used in compliance with this code concerned with stormwater management and used in a manner that prevents the polystyrene from being released into the environment.
C. The provisions set forth in this chapter shall not apply during periods of declared emergencies (i.e., fire, earthquake, flood, etc.).
D. The provisions set forth in this chapter do not apply to a special event for which the event promoter submitted a complete application for review, or received approval, prior to the effective date of the ordinance codified in this chapter. Special event applications submitted after the effective date of the ordinance codified in this chapter, however, do require compliance with this chapter. (Ord. 759 § 2 (Exh. A), 2023).
8.17.060 Administration, enforcement, and penalties.
A. The City Manager or their designee shall have primary responsibility for the enforcement of this chapter. The City Manager or their designee is authorized to establish regulations and to take any and all action reasonable and necessary to obtain compliance including, but not limited to, inspecting the premises of any food provider to verify compliance.
B. Any person who violates any provision of this chapter shall be considered guilty of an infraction for each offense and subject to those penalties as established by resolution of the City Council.
C. In addition to any other remedy available, any violation of this chapter by any person is subject to the following administrative fines pursuant to California Government Code Section 53069.4 and Chapter 1.08 CMC in the amount not exceeding $100.00 for a first violation; a fine not exceeding $200.00 for a second violation of the same code section within one year; or a fine not exceeding $500.00 for each additional violation of the same code section within one year.
D. The City of Calistoga may seek legal, injunctive, or other equitable relief to enforce this chapter.
E. The remedies and penalties provided in this chapter are cumulative and not exhaustive, and nothing set forth in this chapter shall preclude the City from pursuing any other remedy provided by law. (Ord. 759 § 2 (Exh. A), 2023).