Ordinance No. 1280ORDINANCE NO. 1280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
ADDING CHAPTER 8.15 TO TITLE 8 HEALTH AND SAFETY TO THE
VERNON MUNICIPAL CODE REGULATING SINGLE-USE FOODWARE
ACCESSORIES AND STANDARD CONDIMENTS
SECTION 1. Recitals.
A. The California State Legislature has recognized that littered plastic products
have caused and continue to cause significant environmental harm and have
burdened local governments with significant environmental cleanup costs
(California Public Resources Code Section 42355).
B. Californians Against Waste (CAW) estimates that 561 billion disposable foodware
items are used every year in the United States, resulting in 4.9 million tons of
waste.
C. CAW further estimates that California’s local governments and taxpayers spend
over $428 million annually in ongoing efforts to clean up and prevent litter in public
streets, storm drains, parks and waterways.
D. According to the California Coastal Commission, more than 30 percent of all waste
collected during its annual beach clean-ups is from disposable foodware and
accessories.
E. In October 2021, Governor Newsom signed into law California State Assembly
Bill (AB) 1276 which expands on existing law prohibiting restaurants from
providing single-use plastic straws unless requested by the consumer, by prohibiting
food facilities from providing any single-use foodware accessory or standard
condiment, as defined, to a consumer unless requested by the consumer.
F. Single-use foodware accessories, including napkins, straws, condiments, forks,
spoons, sporks, knives, and other disposable flatware create waste and
environmental hazards, and therefore should only be made available upon request
in compliance with AB 1276.
G. Over one hundred municipalities in California have adopted ordinances
prohibiting or restricting single-use foodware accessories, which have reduced
the volume of single-use foodware accessories in waste streams and throughout
the natural environment.
H. AB 1276 requires the City to authorize an enforcement agency to enforce the new
state requirements.
I. The City of Vernon seeks to implement AB 1276 by authorizing an enforcement
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agency to enforce its requirements prohibiting distribution of single-use foodware
accessories and standard condiments unless requested by the consumer on
or before June 1, 2022.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. This ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds
that this ordinance is not subject to CEQA in accordance with CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment; and CEQA Guidelines Section 15308, because the
new regulations, which strengthen requirements for the handling of solid waste, represent
actions by a regulatory agency for the protection of the environment.
SECTION 4. Chapter 8.15 to Title 8 Health and Safety is hereby added to the
Vernon Municipal Code to read as follows:
Chapter 8.15 Single-Use Foodware Accessory and Standard Condiment Reduction
Ordinance
8.15.010 Purpose
8.15.020 Definitions
8.15.030 Requirements for Food Service Vendors
8.15.040 Exemptions
8.15.050 Enforcement and Penalties
8.15.010 Purpose
The City Council finds and declares that the purpose of this Chapter is to comply
with AB 1276 and mandate that all single-use foodware accessories and standard
condiments be made available upon request only.
8.15.020 Definitions
“AB 1276” means the California State Assembly Bill regulating the distribution of single-
use foodware accessories by food vendors to be made available only upon request of
the consumer. The new law applies to plastic and non-plastic single-use foodware
items and standard condiments. This law requires the City of Vernon to authorize an
enforcement agency on or before June 1, 2022.
“Digital Ordering Platform” means the digital technology provided by an internet website or
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mobile application used by customers to order food and/or schedule food delivery.
“Food Service Vendor” means any business, organization, entity, group, or individual
providing prepared food or beverages for public consumption on or off its premises within
the City of Vernon.
“Refillable Self-service Dispenser” means a container or equipment that is used to hold
disposable foodware accessories for customers to obtain at their discretion.
“Single-use Foodware Accessories” means disposable products intended for single or
limited number of uses, used in the restaurant and food service industry for serving or
transporting prepared, ready-to-consume food or beverages. Single-use foodware
includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers,
straws, stirrers, lid plugs, lids and utensils. This does not include disposable packaging for
unprepared foods.
“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.
8.15.030 Requirements for Food Service Vendors
A. Food Service Vendors shall only distribute single-use foodware accessories and
standard condiments upon the request of the customer, unless a local, county or State
emergency order is in effect requiring distribution of such single-use foodware
accessories and standard condiments. However, employees are not prohibited from
asking customers if they would like any single-use foodware accessories or standard
condiments and providing the amount requested by the customer.
B. Food Service vendors shall place signs on the premises to inform customers
and employees that single-use foodware accessories and standard condiments are
offered only upon request.
C. Food Service vendors shall include, in its Digital Ordering Platforms for
ordering food, a statement that communicates that single-use foodware accessories are
offered only upon request and shall include the ability for customers to select desired
foodware accessories or standard condiments. The food service vendor shall customize
its menu with a list of available single-use foodware accessories and standard condiments,
and only those single-use foodware accessories or standard condiments selected by the
consumer shall be provided by the food facility. If a consumer does not select any
single-use foodware accessories or standard condiments, no single-use foodware
accessory or standard condiment shall be provided by the food facility for delivery of
ready-to-eat food.
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D. Food Service Vendors shall instruct employees to inform customers that single-
use foodware accessories and standard condiments are offered only upon request.
E. Food Service Vendors shall not package single-use foodware accessories and
standard condiments in a manner that prohibits a customer 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.
F. Food Service Vendors may ask a drive-through customer 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, or to prevent spills of or safely transport ready-to-eat food.
8.15.040 Exemptions
A. This chapter shall not apply to refillable self-service dispensers. Food Service
Vendors may therefore make standard condiments and single-use foodware accessories
available for customers to obtain as needed. Food Service Vendors are encouraged to
use bulk dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply to the following institutions or facilities, as
defined under California Public Resources Code Section 42273:
a. Correctional institutions, which has the same meaning as in California
Penal Code Section 7502.
b. Health care facilities licensed pursuant to Health and Safety Code
Section 1250, et seq.or facilities that are owned or operated by a health
care service plan licensed pursuant to Health and Safety Code Section
1340, et seq. .
c. Residential care facilities licensed pursuant to Health and Safety Code
Section 1200, et seq.
d. Public and private school cafeterias, as referenced in Health and
Safety Code Section 113789(b)(1). (1)(b).
8.15.050 Enforcement and Penalties
A. The first and second violations of this chapter shall result in a notice of violation,
and any subsequent violation shall be punishable by a fine of twenty-five dollars ($25) for
each day in violation, but not to exceed an amount of three hundred dollars ($300)
annually.
B. Unless otherwise provided for in this Chapter 8.15, the City’s procedures on
imposition of administrative fines, Chapter 1.08, Section 1.08.070, are hereby
incorporated in their entirety, as modified from time to time, and shall govern the
imposition, enforcement, collection, and review of administrative citations issued to
enforce this article and any rule or regulation adopted pursuant to this article, except as
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otherwise indicated in this article. This article shall only apply to those entities subject to
the City’s regulatory jurisdiction.
C. The Director of Health and Environmental Control, or designee, shall have
primary responsibility for enforcement of this chapter and shall have authority to issue
citations for violation of any provision of this chapter. The Director of Health and
Environmental Control, or designee, may establish regulations or administrative
procedures and take any actions reasonable and necessary to further the purposes of
this chapter or to obtain compliance with this chapter, including, without limitation,
performing an inspection of a retail establishment’s premises to verify compliance with
this chapter.
D. The remedies and penalties provided in this chapter are cumulative and not
exclusive, and nothing in this chapter shall preclude the City from pursuing any other
remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the
provisions of this chapter and any regulation or administrative procedure developed
pursuant hereto.
SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is repealed or modified to that extent necessary to affect the provisions of
this Ordinance.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
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SECTION 7. The City Clerk shall certify the adoption and publish this ordinance as
required by law.
APPROVED AND ADOPTED this 3rd day of May, 2022.
_____________________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
ZAYNAH N. MOUSSA,
Interim City Attorney
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1280 was passed and adopted
by the City Council of the City of Vernon at the regular meeting on May 3, 2022 by the
following vote:
AYES: 5 Council Members: Davis, Merlo, Ybarra, Larios, Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: May 3, 2022
SUBJECT
Single-Use Foodware Accessories and Standard Condiments
Recommendation:
Conduct second reading and adopt Ordinance No. 1280 adding Chapter 8.15 to Title 8 Health
and Safety to the Vernon Municipal Code regulating single-use foodware accessories and
standard condiments.
Background:
At the April 19, 2022 Regular City Council Meeting, the Vernon City Council introduced and
conducted first reading of Ordinance No. 1280 which adds Chapter 8.15 to Title 8 Health and
Safety to the Vernon Municipal Code regulating single-use foodware accessories and standard
condiments.
The ordinance summary was posted on the City's website on April 20, 2022, and will be
published pursuant to legal requirements.
Staff requests the City Council conduct second reading and adopt Ordinance No. 1280.
Fiscal Impact:
The ordinance summary will be published pursuant to legal requirements. Adequate funds are
available in the Publication/Advertisement Account No. 011.1003.550000.
Attachments:
1. Ordinance No. 1280