HomeMy Public PortalAboutSingle-Use Foodware Reduction Ordinance First Reading
Date: October 25, 2022
Honorable Mayor and Council Members:
Author and title: Melanie Conti, Administrative Analyst I
Title: Single-Use Foodware Reduction Ordinance First Reading
Approved By: Jen Callaway, Town Manager
Recommended Action:
(1) Introduce and waive the first reading of Ordinance 2022-09 adopting Chapter 6.04 of the Town
of Truckee Municipal Code regarding Foodware and Food Packaging
(2) Find the adoption of the ordinance exempt from CEQA pursuant to CEQA guidelines sections
15061(b)(3), 15307 and 15308.
(3) Approve Resolution 2022-64 authorizing Nevada County Environmental Health as the local
enforcement agency to enforce the requirements of AB 1276 (Single-use Foodware Accessories
and Standard Condiments)
Discussion:
I. Background
According to the 2014 CalRecycle waste characterization study, food and beverage packaging makes up
25% of all waste produced in California and an estimated 67% of street litter according to Clean Water
Fund. A local analysis of litter collected from Truckee Litter Corps estimated that 68% of roadside litter in
Truckee is foodware packaging. These products end up in our local waterways and natural environments,
harming wildlife and creating clean-up and end-of-life management costs. Even when these products are
properly disposed, they take up space in our landfills and can emit greenhouse gases when they
decompose. In addition, disposable foodware has embedded carbon emissions from the resource
extraction, production, and transportation required to produce each product that is only used one time.
The Truckee community has long supported sustainable action and waste reduction, exemplified by
Truckee’s plastic bag ban in 2014, upgrades to waste and recycling programs in 2019 and waste
reduction goals and policies in Truckee’s Draft Climate Action Plan. Additional community support for
reduction of Styrofoam, straws, and litter grew in late 2018 when students and members of school
environmental clubs began advocating for action against waste. Their efforts and community response
resulted in the Town Council directing staff to commence research and outreach on single-use foodware
reduction strategies. Community support for litter reduction increased further during the summer of 2020
with the pandemic related restrictions for dinning and take-out being the only available options for
customers along with corresponding responses for litter removal.
Keep Truckee Green developed the reusable green box program in 2018 to provide a reusable alternative
to disposable takeout food containers. Now with nine participating restaurants and over 1,800 reusable
containers in circulation, it’s estimated that this program has saved over 70,000 disposable takeout
containers from the landfill. This program showcases that reusables are well supported and are a viable
option in our community.
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In late 2019, staff facilitated community and business workshops to solicit feedback on strategies to
reduce single-use foodware in Truckee. In August 2019 the Town facilitated a workshop for food service
businesses to explore single-use foodware reduction options. The workshop’s 14 participants from local
food establishments expressed their desire to work towards sustainability goals and shared that their
efforts were limited by challenges such as expenses, a lack of time, and limited information. A community
workshop was later held on October 29, 2019, where over 65 community members were in attendance.
In general, workshop participants were enthused with the prospective policies and discussion centered
around ways to make reusables “cool” and how to engrain sustainability in Truckee’s cultural identity.
Based on independent research and feedback provided through community engagement, Keep Truckee
Green staff proposed single-use foodware policy recommendations to the Town Council in February
2020. Council directed staff to convene a working group to review these policies and develop a working
group recommendation. This process was paused due to the COVID-19 pandemic.
The Town convened a Single-Use Foodware Reduction Working Group in December 2021 to develop
policy recommendations. The working group consisted of members representing all stakeholder groups
involved, including business representatives, environmental advocates, students, members of the public,
and Town Council representatives. Business representatives included members from full service, limited
service, and coffee shop restaurants.
The working group held six public meetings between January and June 2022 to discuss policy
recommendations. Staff researched existing foodware policies in other jurisdictions, consulted with
experts in the foodware policy field, and collaborated with other jurisdictions to hear their experiences in
implementing similar policies and presented findings to the working group for each monthly discussion.
The group evaluated each policy to consider exemptions, Town support, and specifics to ensure each
policy fit the needs of our community. During the summer of 2022 staff conducted community and
business owner surveys to gather feedback on the working group’s recommendations.
Survey results, working group recommendations, and alternative staff recommendations were presented
to the Town Council on August 9, 2022, at which time Council approved the staff recommended policies
and implementation timeline and directed staff to develop a single-use foodware ordinance to codify these
policies (See Attachment 1: August 9, 2022 staff report).
Policy Goals
The objective of this ordinance is to reduce the use of all single-use foodware products and foster a
cultural shift towards reusables. When considering strategies, staff and the working group focused on
reducing lifecycle impacts, which considers production, transportation, and disposal of foodware
products. Research indicates that when considering impacts from the entire life cycle of a product, no
one disposable foodware product material type (bioplastic, fiber-based, plastic, aluminum, etc.) has a
significantly lower GHG impact. Meanwhile, reusable foodware products have a significantly lower GHG
impact than all disposables due to the lower upstream impacts per use. When a product is reused multiple
times, the production and transportation impact per item decreases. Therefore, policy recommendations
do not include promotion of any disposable foodware material type, such as recycled content materials
or compostable materials, but rather focuses on source reduction of all disposable items and a push
towards reusables. Although recyclable and compostable products may seem like viable alternatives,
these products are still single-use and have significant life cycle GHG impacts and often still end up in a
landfill. These policies push our community towards self-reliance and source reduction, the most
preferred practice of waste treatment methods.
Expanded polystyrene products are of particular concern because they are lightweight and can easily be
blown by the wind, polluting the environment and waterways. These products can also easily break down
into smaller pieces, making them very difficult to recover as litter.
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While waste reduction is a top priority, equity was heavily considered throughout consideration of these
strategies to ensure no group is unreasonably impacted. The working group worked to ensure that the
proposed policies are applied to all businesses equally, regardless of full-service or limited-service
business models. Each proposed policy will also include business assistance to provide funding and
technical assistance for businesses to help achieve compliance. Grant funding is proposed to support
businesses transition away from expanded polystyrene products and purchase reusable foodware and
dishwashing equipment. Impacts on low-income customers were also taken into account when
considering a fee for disposable takeout cups and drinks, given that limited-service restaurants tend to
provide more single-use products and offer less expensive meal options. For this reason, exemptions
from the fee are proposed for customers who qualify as low-income based on registration in WIC, EBT,
or Medi-Cal. To aid customers in the transition towards reusables, Town staff are also working to develop
a program to offer free green boxes to these customers.
II. Ordinance Updates
The draft ordinance reflects Council’s August 9, 2022 direction regarding policies and the implementation
timeline. Ordinance 2022-09 adopts Chapter 6.04 (Foodware and Food Packaging) of the Truckee
Municipal Code, which is summarized below. (See Attachment 2: Ordinance 2022-09)
Chapter 6.04.030 – Prohibited Food Packaging and Containers (takes effect April 1, 2023)
To reduce expanded polystyrene impacts to our environment and health, all vendors (including food
vendors and retail) are prohibited from selling and distributing all expanded polystyrene (EPS) products.
An exemption is provided for products fully encased in a more durable material, suc h as a rigid plastic
covered cooler or ice chest, since a durable encasing would prevent litter and exposure of EPS to the
environment. To prioritize equity and reduce impacts to businesses, this chapter includes the opportunity
for a business to apply for a one-year hardship exemption if this restriction creates practical difficulty in
finding a non-polystyrene alternative product.
One-year hardship exemption applications will be available on the Keep Truckee Green website.
Exemptions will be reviewed by Keep Truckee Green staff and will require approval by the Assistant to
the Town Manager. For approval, applicants must show evidence of undue hardship or practical difficulty
caused by the requirements of this section, such as no available non-polystyrene alternatives being
available or such alternatives causing undue financial difficulties to the business.
6.04.040 – Reusable Foodware for On-Premises Dining (takes effect January 1, 2024)
To reduce the unnecessary use of disposable foodware products, all restaurants and prepared food
vendors must provide reusable foodware for customers dining in. This does not include pre-packaged
foods or small accessory foodware items such as napkins, paper tray and plate liners, stirrers, and
cocktail sticks. To prioritize equity and reduce impacts to businesses, this chapter also includes the
opportunity for a business to apply for a one-year hardship exemption if complying with the reusable
foodware requirement presents undue hardship, such as space constraints or financial hardship. A waiver
application process will allow businesses to apply for a short-term exemption.
These one-year hardship exemption applications will be available on the Keep Truckee Green website.
Exemptions will be reviewed by Keep Truckee Green staff and will require approval by the Assistant to
the Town Manager. For approval, applicants must demonstrate evidence of challenges that make
compliance with this section difficult, such as insurmountable space constraints for dishwashing, undue
financial hardship, or other extraordinary circumstances.
At this time this restriction does not apply to food trucks or temporary food facilities (e.g. special events).
This does not restrict any customer from having the ability to provide a customer-provided reusable
container at one of these facilities. This group of prepared food vendors presents unique challenges due
to limited space to utilize dishwashing and difficult boundaries for defining customers dining-in versus
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takeout. As a future action, Council may wish to explore additional policies related to food trucks and
temporary food facilities, which could be considered as a work task within a future Council priorities
workplan update.
In order to ensure new businesses are prepared to comply from the inception, this section also requires
restaurants seeking a new construction or conversion permit (i.e. Zoning Clearance, Tenant
Improvement, or Building Permit) from the Town to ensure they have appropriate capacity to comply with
the reusable in-house requirements prior to issuance of the permit.
6.04.050 – Charge for Disposable Takeout Containers and Cups (takes effect January 1, 2024)
To incentivize customers to bring their own reusable container for takeout food and drinks, restaurants
and other prepared food vendors shall charge customers $0.25 for each disposable cup and takeout
container provided. The customer must be made aware of the fee by presenting the fee amount on the
customer’s receipt or on a sign at the point-of-sale so that the customer has the opportunity to avoid the
charge by bringing their own reusable. The business will retain the fee revenue. To prevent the
unintended consequence of creating food waste, the fee does not apply to customers using a takeout
box for leftovers after dining in.
Given the challenges in defining dining-in versus takeout with mobile food facilities and in providing
reusable foodware, charges for disposable foodware do not apply to food trucks or temporary food
facilities. As mentioned above, Council may wish to explore additional policies related to food trucks and
temporary food facilities, which could be considered as a work task within a future Council priorit ies
workplan update.
To avoid disproportionately impacting customers on a low-income, the $0.25 fee will be waived for
customers who demonstrate at the point-of-sale participation in the government-assistance programs
WIC, EBT, or Medi-Cal.
6.04.060 – Reusable Customer Foodware (Reiterates existing CA Health Code- effective immediately)
A customer may provide their own reusable container to avoid being assessed a fee for disposable
takeout containers. Containers should only be accepted in accordance with California State Health Code
which sets basic sanitation requirements for restaurants to accept customer-provided foodware, including
having the food facility isolate the customer-owned container from the serving surface or sanitize the
serving surface after each filling. CA Health Codes also state that the food facility should prepare,
maintain, and adhere to written procedures to prevent cross-contamination, and make those procedures
available to the enforcement agency. Nevada County Environmental Health has reviewed this section
and agrees with the reference to the CA Health Codes. This section also gives restaurants the right to
refuse a customer-provided container if it is not in appropriate condition to hold or serve food or drink, up
to the businesses’ discretion. In that case, a customer may choose to dine in and use reusable foodware
provided by the business or use a disposable foodware product and be charged the appropriate fee.
6.04.070 – Single-Use Foodware Accessories (takes effect January 1, 2024)
This section sets local requirements mirroring Assembly Bill 1276 (2021) which states that restaurants
and food providers can only provide certain accessory foodware items if they are requested by the
customer. Accessory items included in AB 1276 are utensils, chopsticks, condiment cups and packets,
straws, stirrers, splash sticks, and cocktail sticks. Items added in the local requirements are napkins, cup
lids, and cup sleeves.
Language from AB 1276 is repeated in this section, including prohibiting bundled utensil and accessory
items, drive-through restaurant protocols, third-party delivery service protocols, and allowing self-service
dispensers for accessory items and condiments.
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III. Environmental Clearance
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the adoption
of this ordinance does not have potential for causing a significant effect on the environment and is
therefore not subject to the CEQA Guidelines. The ordinance serves to establish requirements to reduce
the production and disposal of disposable foodware products and will not result in any construction or
any other physical change to the environment. The adoption of this ordinance rather protects natural
resources and the environment. Therefore this ordinance is further exempt from CEQA Guidelines
Sections 15307 and 15308, which exempt actions taken by regulatory agencies to assure the
maintenance, restoration, or enhancement of a natural resource.
IV. Resolution 2022-64 Authorizing Nevada County Environmental Health as the Local
Enforcement Agency to Enforce the Requirements for AB 1276 (Single-use Foodware
Accessories and Standard Condiments)
Section 42772(a) of Assembly Bill 1276 (Single-use Foodware Accessories and Standard Condiments)
requires that a city authorizes a local enforcement agency (LEA) to enforce the single -use foodware
accessory items upon request requirements. The requirements of this bill are reflected in Chapter
6.04.070 of this ordinance. Resolution 2022-64 (see Attachment 3) authorizes the Nevada County
Environmental Health Department to enforce these requirements for food vendors within the Town of
Truckee. Nevada County’s Environmental Health Department is the regulatory agency for inspecting and
educating local retail food facilities and has agreed to take on enforcement of this bill. Environmental
Health is the local enforcement agency for unincorporated Nevada County and is trained and prepared
to enforce these requirements in the Town of Truckee as well. Town staff are coordinating with the
Environmental Health Department and have agreed to assist in education and outreach to Truckee
businesses. The Town and County’s primary goal is to educate food service operators regarding the
requirements of this bill. Environmental Health will educate first and enforce these requirements on a
complaint basis. For the first verified complaint, Environmental Health will provide education to the food
vendor. After a second verified citizen complaint, additional education will be provided, along with a formal
inspection report and fine warning. Subsequent complaints will result in a fine to the facility, not less than
$25 or to exceed $300 annually, per CA Retail Food Code Article 2, section 114395 and PRC Chapter
5.2 Sec. 4. 42272. Nevada County will also keep Town staff apprised of any violation issues to Town of
Truckee food vendors. Nevada County will not be responsible for enforcing accessory foodware
requirements stricter than the state requirements, including restrictions on napkins, cup lids, and cup
sleeves and other requirements in Ordinance 2022-09. Requirements stricter than the state will be
enforced by Town of Truckee, and Town and County staff will work together and be in communication
regarding education and violations.
V. Outreach and Implementation
Implementation will require a large amount of outreach and education to the business community and
members of the public. Staff will present the second reading of the ordinance to Town Council in
November 2022. Town staff plans to conduct outreach for expanded polystyrene requirements effective
April 2023 and utilize consultant support for outreach on the requirements that will be effective January
2024. If adopted by Town Council in November, staff anticipate the following next steps:
November 8, 2022 Second reading and adoption of the ordinance
November 2022 Release RFP for consultant to support outreach and
implementation for foodware restrictions effective
January 1, 2024
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November-December Complete public outreach and education campaign
plan for expanded polystyrene restrictions and develop Town
assistance grant programs (completed by Town staff)
December 2022 Bring grant program guidelines to Town Council for approval
January – March Conduct outreach and education related to expanded polystyrene
to restaurants & retail stores (conducted by Town staff)
April 1, 2023 Expanded polystyrene restrictions take effect
April-December 2023 Conduct outreach and education related to reusables for in-
house dining, charge for disposable takeout container and cups,
and single-use accessories (conducted by Town staff with
consultant support)
January 1, 2024 Reusables for in-house dining, charge for disposable takeout
containers and cups, and single-use accessories take effect
2024 and beyond Continue to provide technical assistance and monitor compliance
Given the tight turnaround and limited outreach required prior to expanded polystyrene restrictions taking
effect in April, staff plans to conduct outreach related to expanded polystyrene restrictions with in-house
staffing capacity and assistance from contracted graphic design consultants. Town staff are aware of
which retail stores and restaurants are using expanded polystyrene and staff have the capacity to educate
those 28 businesses. Staff will contact each retail store and restaurant in the Town, and will utilize
targeted outreach, including in-person contact with those using EPS products. Staff will also make
businesses that will also be affected by the January 2024 restrictions aware of upcoming communication.
Town staff plans to seek consultant support for outreach and education for restrictions effective January
2024. These restrictions will impact 85 businesses and require technical assistance, including potential
grant funding for businesses, and one-on-one support with each business owner. Staff will release an
RFP for a consultant to support this effort.
Outreach and education will include communication with local partners, including the Truckee Chamber,
Truckee Downtown Merchants Association, and Visit Truckee-Tahoe. Approaches to contact affected
businesses will include door-to-door communication, phone calls, and e-blasts. Public outreach methods
will include business counter-top and window signs, e-blasts, social media, traditional media (radio,
newspapers, CCTV), public events tabling, disseminating information at community events, and through
the school district.
Priority:
Enhanced Communication x Climate and Greenhouse Gas Reduction Housing
Infrastructure Investment Emergency and Wildfire Preparedness Core Service
Fiscal Impact: Implementation of new a new single-use foodware ordinance will require significant staff
time for business technical support and community outreach, as well as funding for business assistance
grants and outreach materials. The Adopted FY22/23 CIP budget C2309 includes $50,000 to support
implementation of these policies, comprised of $40,000 for business grants and $10,000 for outreach
and education. Staff anticipates that this approved budget is sufficient for program implementation.
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Public Communication:
Community & business workshops
Working group agenda postings and six public meetings
Social media survey outreach, including video
Talk from the Town Newsletter
Eblasts for business surveys (from Keep Truckee Green, Truckee Chamber, and TDMA)
Business surveys conducted by phone
Agenda Posting
Attachments:
1. August 9, 2022 Staff Report available at:
https://portal.laserfiche.com/Portal/DocView.aspx?id=59587168&repo=r-6a91ddbc
2. Ordinance 2022-09
3. Resolution 2022-64
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TOWN OF TRUCKEE
California
ORDINANCE 2022-09
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE
ADOPTING CHAPTER 6.04 OF THE TRUCKEE MUNICIPAL CODE
REGARDING FOODWARE AND FOOD PACKAGING
WHEREAS, the Town of Truckee has the police power to protect the health, safety, and
welfare of the community, including the ability to protect and enhance the natural environment;
and
WHEREAS, Truckee’s plastic bag ban enacted in 2014 was the Town’s first waste
reduction policy exemplifying a history of environmental stewardship; and
WHEREAS, Town of Truckee 2021-2023 Town Council priorities include “Reduce
greenhouse gas emissions and become a leader in environmental sustainability”; and
WHEREAS, the production and disposal of single-use foodware has major environmental
impacts, including street litter, water pollution, wildlife harm, depletion of resources, greenhouse
gas emissions, and clean-up and end of life management costs; and
WHEREAS, food and beverage packaging comprise approximately one quarter of
California’s disposed waste stream annually, according to CalRecycle, and an estimated 67% of
street litter, according to the Clean Water Fund; and
WHEREAS, expanded polystyrene products are of distinctive concern because they can
break into small pieces and may easily be picked up by the wind even when they have been
disposed of properly, making it extremely difficult to recover as litter, polluting the environment
and waterways; and
WHEREAS, regulating the use of disposable foodware products will minimize greenhouse
gas emissions from production, transportation, and packaging of those disposable products,
maximize the operating life of landfills, and reduce impacts to the environment and wildlife; and
WHEREAS, reusable foodware products are more environmentally sound because their
multiple uses reduce the upstream impacts per item, and can save businesses money; and
WHEREAS, single-use foodware accessories, including napkins, straws, condiments,
forks, spoons, sporks, knives and other disposable flatware create waste and environmental
hazards, and California Public Resources Code Section 42270 et seq. requires that such
accessory items shall only be made available upon request;
The Town Council of the Town of Truckee Does Ordain as Follows:
Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and
are incorporated herein by reference as findings adopted by the Town Council in connection
with the adoption of this ordinance.
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Ordinance 2022-09
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Section 2. Adoption of Chapter 6.04. A new Chapter 6.04 of the Truckee Municipal
Code, entitled “Foodware and Food Packaging”, is hereby adopted to read as set forth in
Exhibit “A”, attached hereto and incorporated herein by reference.
Section 3. CEQA. The Town Council hereby finds that under Section 15061(b)(3) of
the California Environmental Quality Act (“CEQA”) Guidelines, the adoption of thi s
ordinance is exempt from review under CEQA because it can be seen with certainty that
the provisions of this ordinance do not have the potential for causing a significant effect
on the environment. The Town Council further finds that the adoption of thi s ordinance
is additionally exempt from review under CEQA pursuant to CEQA Guidelines Sections
15307 and 15308, as an action taken by a regulatory agency to protect natural resources
and the environment.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The Town Council of the Town of Truckee hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective.
Section 5. Effective Date. This ordinance shall be published pursuant to law and shall
become effective 30 days from the date of passage and adoption.
Section 6. Posting and Publication. The Town Clerk is hereby directed to publish this
ordinance in accordance with the law.
* * * * *
The foregoing ordinance was introduced at a regular meeting of the Truckee Town
Council held on the ___day of _______ 2022, and adopted at a regular meeting of the
Truckee Town Council, on the ___ day of _____; 2022; _________ moved for the adoption,
the motion was seconded by ___________ and was carried by the following vote:
AYES:
NOES:
ABSENT:
__________________________
Courtney Henderson, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Judy Price, MMC, Town Clerk Andrew Morris, Town Attorney
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EXHIBIT “A”
CHAPTER 6.04
CHAPTER 6.04 FOODWARE AND FOOD PACKAGING
6.04.010 - PURPOSES
The Council of the Town of Truckee finds and declares as follows:
A. The production and disposal of disposable food and beverage packaging has
significant environmental impacts, including the contamination of the
environment, the depletion of natural resources, use of non -renewable fossil
fuels, and greenhouse gas emissions.
B. Food and beverage packaging makes up 25% of all waste produced in California
and comprises the majority of street litter.
C. Disposable expanded polystyrene products and packaging are a distinctive
concern because this type of litter is lightweight and can easily break down and
spread into the natural environment.
D. It is in the interest of the health, safety, and welfare of all who live, work, and
recreate in the Town of Truckee that the amount of litter on public streets, parks,
outdoor recreation areas, and other public spaces be reduced.
E. Most disposable foodware is not recyclable after use because it becomes
contaminated with food and grease.
F. Many types of disposable foodware are not accepted in commercial compost
facilities because they cause contamination and lower the quality and value of
compost.
G. Eliminating solid waste and litter at its source meets the Town of Truckee’s Draft
2040 Climate Action Plan goal to “Minimize embedded carbon emissions and
reduce overall consumption.”
H. Reducing disposable packaging by eliminating unnecessary items and
transitioning to reusable products provides greater environmental benefits than
managing the products that become waste, even when recycled or composted.
6.04.020 – DEFINITIONS
As used in this chapter, the terms set forth below shall have the following meanings:
“Disposable takeout container” means a container meant to package and store food
from a restaurant or other prepared food vendor, which is designed for a single use
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rather than designed and manufactured to be washed and sanitized and to be used
repeatedly over an extended period of time, including without limitation any container,
bowl, plate, tray, carton, or box provided to the customer which does not meet the
definition of “reusable foodware” set forth herein.
"Disposable cup" means a beverage cup designed for single use to serve beverages,
such as water, cold drinks, hot drinks and alcoholic beverages provided to the customer
which does not meet the definition of “reusable foodware” set forth herein.
“Expanded polystyrene” means blown polystyrene and expanded and extruded foams
(including without limitation the form of expanded polystyrene insulation which is known
as ‘Styrofoam’, a trademark of Dow Chemical Co.) which are thermoplastic
petrochemical materials utilizing a styrene monomer and processed by various
techniques, including without limitation fusion of polymer spheres (expandable bead
polystyrene), injection molding, foam molding, and extrusion blow moldin g (extruded
foam polystyrene). Expanded polystyrene does not include clear or solid polystyrene
(oriented polystyrene).
“Pre-packaged food” means food that arrives at the premises of the restaurant or other
food vendor in a container or wrapper and is not removed from the container or wrapper
before its sale or distribution.
"Prepared Food" means foods or beverages which are prepared on the vendor’s
premises by cooking, chopping, slicing, mixing, freezing, squeezing, or other processing
and which require no further preparation to be consumed. Prepared Food does not
include raw uncooked whole fruits or vegetables which are not chopped, squeezed, or
mixed, or raw uncooked meat products.
"Prepared Food Vendor" means any establishment located within the Town of Truckee,
including a bakery, cafeteria, drive in, food products store, food service establishment
(carry out, quick service, full service), drugstore, theater, bar and other similar
establishment, selling prepared food to be consumed on and/or off its premises.
“Reusable foodware” means all foodware, including plates, bowls, cups, trays, glasses,
straws, stirrers, condiment cups and utensils, that is manufactured of durable materials
and that is 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.
“Single-use foodware accessory” means single-use items provided along with ready-to-
eat food, including without limitation napkins, forks, knives, spoons, sporks, chopsticks,
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condiment cups and packets, straws, stirrers, splash sticks, cocktail sticks, cup sleeves,
and cup lids.
“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, s alt,
pepper, sugar, and sugar substitutes.
6.04.030 – PROHIBITED FOOD PACKAGING AND CONTAINERS
A. Effective April 1, 2023, except as set forth herein, no restaurant, retail store, food
vendor, or other business or person shall sell, distribute, or provide to customers
expanded polystyrene, including without limitation by selling food which is packaged
partially or entirely in expanded polystyrene, nor shall any business purchase, obtain,
keep, or otherwise use in its business any expanded polystyrene produc t.
B. The prohibition set forth in subsection A of this section shall not apply to: (i)
expanded polystyrene products which are wholly encapsulated or encased within a
more durable material, such as coolers or ice chests which encase expanded
polystyrene in rigid plastic; or (ii) the sale of food packaged outside Truckee, provided
that this exception shall not apply to egg cartons and trays for meat, fish, and fruit or
vegetables sold in grocery stores.
C. For a period of one year from the effective date of this section, a restaurant, retail
store, food vendor, or other business or person may apply to the Town of Truckee for a
one-year hardship exemption to be permitted to continue using one or more specific
expanded polystyrene items for which the requirements of this section present an undue
hardship or practical difficulty because there are no available non-polystyrene
alternatives or such alternatives are not affordable to the restaurant, retail store, food
vendor, or other business or person.
6.04.040 – REUSABLE FOODWARE FOR ON-PREMISES DINING
A. Effective January 1, 2024, except as set forth herein, prepared food served for
consumption on the premises of a prepared food vendor shall only be served using
reusable foodware.
B. The requirement of subsection A of this section shall not apply to disposable
paper food wrappers; aluminum foil food wrappers; paper napkins; straws; paper tray or
plate liners; non-plastic stirrers, cocktail sticks, and toothpicks; or pre-packaged food
packaged outside the premises of the prepared food vendor.
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C. The requirements of subsection A of this section shall not apply to Mobile Food
Facilities or Temporary Food Facilities as defined by CA Health and Safety Code
Sections 113831 and 113930 and as amended.
D. A restaurant or other food vendor may apply to the Town of Truckee for a one -
year hardship exemption to be permitted to continue using foodware which is not
reusable foodware. Each application for a hardship exemption shall provide evidence of
the conditions which make it impossible for the restaurant or other food vendor to
comply with the reusable foodware requirement, such as insurmountable space
constraints, undue financial hardship and/or other extraordinary, insurmountable
circumstances.
E. Prior to the Town of Truckee issuing a land use permit or building permit for new
construction or conversions, any restaurant or other prepared food vendor shall submit
to the Town a plan demonstrating ability to comply with this section. Installation and/or
maintenance of appropriate dishwashing capacity to allow compliance with this section
shall be included as a specific condition of approval for such permits.
6.04.050 – CHARGE FOR DISPOSABLE TAKEOUT CONTAINERS AND CUPS
A. Effective January 1, 2024, except as set forth herein, all restaurants or other
prepared food vendors shall charge customers twenty-five cents ($0.25) for each
disposable cup and disposable takeout container provided. All income from this charge
shall be retained by the restaurant or other prepared food vendor collecting the charge.
Such charges shall be identified separately and clearly on any receipt provided to the
customer, and shall be identified for customers on menus, ordering platforms, and/or
menu boards, and verbally disclosed to customers ordering by phone.
B. The charge set forth in subsection A of this section shall not apply to pizza boxes
and shall not apply to containers for leftover food provided to customers following the
purchase of food for dining on the premises of the restaurant or other prepared food
vendor.
C. The requirements of subsection A of this section shall not apply to Mobile Food
Facilities or Temporary Food Facilities as defined by CA Health and Safety Code
Sections 113831 and 113930 and as amended.
D. The charge set forth in subsection A shall not be imposed on customers
demonstrating, at the point of sale: (i) a payment card or voucher issued by the
California Special Supplemental Food Program for Women, Infants, and Children (WIC)
pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of
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Division 106 of the California Health and Safety Code and as amended; (ii) an electronic
benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare
and Institutions Code, as amended; or (iii) a card reflecting enrollment in Medi-Cal,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the
California Welfare and Institutions Code, as amended.
6.04.060 – REUSABLE CUSTOMER FOODWARE
Customers may provide their own reusable foodware for beverage and food service in
accordance with the California Health and Safety Code. Food Vendors shall keep all
customer provided reusable foodware separated from the food facility’s foodware to
prevent any cross-contamination. Food Vendor staff filling customer provided foodware
shall prevent cross-contamination of food contact surfaces or utensils used for food
dispensing (e.g. customer foodware should be placed upon surfaces that are not used
for food preparation and on surfaces that can be sanitized immediately). Food vendors
may refuse, at their sole discretion, any customer-provided reusable foodware that is
cracked, chipped or corroded, appears inappropriate in size, material, or condition for
the intended beverage or food item, or that appears to be excessively soiled or
unsanitary. If the customer provided reusable foodware is rejected, the food vendor may
instead require use of reusable foodware for consumption on the premises of the food
service establishment, or use of a disposable foodware item for a beverage or food item
to be consumed off the premises of the food service establishment, together with the
charge required pursuant to Section 6.04.050.
6.04.070 – SINGLE-USE FOODWARE ACCESSORIES
A. Effective January 1, 2024 except as set forth herein, a restaurant or other food
vendor, shall not provide any single-use foodware accessory or standard condiment
packaged for single use to a customer unless the single-use foodware accessory or
standard condiment is requested by the customer.
B. Single-use foodware accessories and standard condiments packaged for single
use provided by restaurants or other food vendors for use by customers shall not be
bundled or packaged in a manner that prevents 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.
C. A restaurant or other food vendor may ask a drive-through consumer if the
consumer wants a single-use foodware accessory if the single-use foodware accessory
is necessary for the customer to consume ready-to-eat food, or to prevent spills of or
safely transport ready-to-eat food.
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D. A third-party food delivery platform shall provide customers with the option to
request single-use foodware accessories or standard condiments from a restaurant or
other food vendor serving ready-to-eat food.
E. If a restaurant or other food vendor uses any third-party delivery platform for
ready-to-eat food, the restaurant or other food 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
customer shall be provided by the food facility. If a customer does not select any single-
use foodware accessories or standard condiments, no single -use foodware accessory
or standard condiment shall be provided by the restaurant or other food vendor for
delivery of ready-to-eat food.
F. Nothing in this section shall prohibit a restaurant or other food vendor from
making unwrapped single-use foodware accessories available to a customer using
refillable self-service dispensers that dispense one item at a time to allow for single -use
foodware accessories to be 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 condiments
packaged for single use.
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TOWN OF TRUCKEE
California
RESOLUTION 2022-64
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE AUTHORIZING
THE NEVADA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AS THE LOCAL
ENFORCEMENT AGENCY TO ENFORCE THE REQUIREMENTS FOR AB 1276 (2021)
SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS
WHEREAS, on October 5, 2021, AB 1276 was signed into law by Governor Gavin
Newsom. AB 1276 restricts restaurants and other food facilities from providing single-use
foodware accessories (e.g. utensils, straws, stirrers, condiment packets, etc.) to a consumer
unless requested by the consumer; and
WHEREAS, AB 1276 is codified in the California Public Resources Code, Sections
42270 through 42273, and Section 42272 requires that a city or county authorize an
enforcement agency to enforce the requirements of AB 1276; and
WHEREAS, the Nevada County Department of Environmental Health currently
inspects and educates Retail Food Facilities and authorizing the Department of Environmental
Health as the local enforcement agency (LEA) for the Town of Truckee for AB 1276 will be
consistent with current food facility inspections and education; and
WHEREAS, the Nevada County Department of Environmental Health has agreed to
be the LEA to enforce the requirements for AB 1276 for Town of Truckee restaurants and food
facilities.
******
NOW THEREFORE BE IT RESOLVED that the Nevada County Department of
Environmental Health is hereby authorized as the local enforcement agency for the Town of
Truckee to enforce the requirements of California Public Resources Code sections 42270
through 42273, as they may be amended from time to time.
The foregoing resolution was introduced by _____________, seconded by
______________, at a regular meeting of the Truckee Town Council, held on the 25th day of
October, 2022 and adopted by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Courtney Henderson, Mayor
ATTEST:
______________________________
Judy Price, MMC, Town Clerk
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