CONSENT  

Bill No: AB 619

Author: Chiu (D)

Amended: 3/20/19 in Assembly

Vote: 21

SENATE HEALTH COMMITTEE: 9-0, 6/5/19

AYES: Pan, Stone, Durazo, Grove, Hurtado, Leyva, Mitchell, Monning, Rubio

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/11/19 (Consent) - See last page for vote

SUBJECT: Retail food: reusable containers: multiuse utensils

SOURCE: Clean Seas Lobbying Coalition

DIGEST:

This bill permits a local enforcement agency to allow a temporary food facility to use multiuse utensils that are clean, rinsed, and sanitized, as an alternative to single-use utensils, and clarifies provisions of law governing the ability of consumers to bring empty containers to food facilities intended for refilling with food or beverages.

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
3. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
4. Requires food facility employees to minimize bare hand and arm contact with nonprepackaged food that is in a ready-to-eat form. Requires food employees to use utensils, including scoops, forks, tongs, paper wrappers, gloves, or other implements, to assembly ready-to-eat food or to place ready-to-eat food on tableware or in other containers, but permits employees to assembly or place on tableware ready-to-eat food without using utensils if hands are cleaned in accordance with specified provisions of law. [HSC §113961]
5. Requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except as follows:
6. Permits consumer-owned containers returned to the food facility for refilling to be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner; and,
7. Permits consumer-owned containers that are not food specific to be filled at a water vending machine or system. [HSC §114121]
8. Requires a temporary food facility to provide only single-use articles for use by the consumer. [HSC §114353]

This bill:

1. Permits local enforcement agencies to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized, as specified, as an alternative to single-use articles, based on local environmental conditions, location, and similar factors, including the type and number of utensils, the volume and storage of potable water for warewashing, and waste water capacity.
2. Revises provisions of law governing the ability of consumers to bring empty containers to food facilities intended for refilling with food or beverages, by specifying that these provisions apply to filling (not just refilling), and by adding or clarifying the following:
3. Requires the consumer-owned container to be designed and constructed for reuse, as specified in provisions of federal law;
4. Requires the food facility to either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling;
5. Requires the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, requires the written procedures to address waste water disposal, and requires the food facility to make the written procedures available to the enforcement agency upon request or at the time on an inspection; and,
6. Requires the food facility to ensure compliance with handwashing requirements.

Background

The CalCode, which governs retail food facilities, is based on the model food code published by the U.S. Food and Drug Administration (FDA), although there are some differences. With regard to refilling returnable containers, the FDA model food code requires empty containers returned to a food facility for cleaning and refilling to be cleaned and refilled in a food processing plant – not a retail food facility – unless it meets certain exceptions to be able to be refilled at the food facility. These exceptions include when the take-home food container is designed and constructed for reuse in accordance with specified requirements, and was initially provided by the food establishment to the consumer for the purpose of being returned for reuse. The revisions this bill is making to the CalCode, in general, conform more closely to the federal model code, by referencing the design standards for containers intended for reuse.

Comments

1. Author’s statement. According to the author, California must continue to lead the fight in reducing the large amounts of landfill waste that will otherwise remain unattended to. By encouraging a paradigm shift of consciousness surrounding the ways consumers use single-use products, we can convey that participating in recreational events does not have to be wasteful. Most single-use food and beverage containers and utensils provided at events end up in landfills where they leech toxic chemicals, do not decompose, and cost taxpayers money to clean up after littering an event site. Few single-use items are fully recyclable or compostable; and ultimately contaminate recycling and composting operations. Unless we further address the root of this issue, consumers will not change their behavior. Tons will be added to landfills, cities will have to absorb the financial burden, and future generations will be left with the impact. Additionally, because the current requirements to prevent cross-contamination are not clear to restaurant owners, customers hoping to bring their own food containers with the common goal of combating waste reduction are not able to do so. This bill will help us tackle these problems, and will continue to champion the environmental and economic objectives of our state.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/25/19)

Clean Seas Lobbying Coalition (source)

Algalita Marine Research and Education

Alvarado Street Brewery

ASIS Productions

Bay.org

Bon Appétit Management Company

California Alliance of Farmers’ Markets

California Association of Environmental Health Administrators

California Compost Coalition

California League of Conservation Voters

Californians Against Waste

Center for Environmental Health

ChicoBag/To-Go Ware

City of Imperial Beach

City of Torrance

Clean Water Action

Eco Imprints

Friends Committee on Legislation of California

Green Valley Community Farm

Guitarfish Music Festival

Heal the Bay

Johnson Ohana Foundation

Joshua Tree Music Festival

La Cocina

Los Angeles City Council

Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force

Lydia’s Kind Food, Inc.

MoneyVoice

Monterey Bay Aquarium

No Plastic Oceans

Pier 23 Café

Plastic Pollution Coalition

Ponce’s Mexican Restaurant

Recology

San Francisco Baykeeper

San Francisco Department of the Environment

Save Our Shores

Seventh Generation Advisors

Shizen and Tataki Restaurant

Sierra Club California

Steelys Drinkware

Surfrider Foundation

Symbiosis Gathering

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education

The Story of Stuff Project

Tonic Nightlife Group

UPSTREAM

Valley Improvement Projects

Waste Busters

WILDCOAST

Wishtoyo Chumash Foundation

Women’s Voices for the Earth

Zero Waste USA

OPPOSITION: (Verified 6/25/19)

None received

ARGUMENTS IN SUPPORT: The Clean Seas Lobbying Coalition, the sponsor of this bill, and its coalition of supporters state that this bill expands consumer choice, helps local businesses and advances California’s longstanding goal of reducing landfill waste and plastic pollution. Bon Appetit Management Company and Ponce’s Mexican Restaurant state that allowing temporary food facilities to have the option to utilize reusable food ware at these events will aid in the reduction of the large amount of plastics and other materials that would otherwise waste away in landfills across the state. Supporters argue the body of law allowing consumers to bring reusable containers is arcane and unclear and many restaurants that wish to accept reusable containers are unsure of the public safety requirements. The California Association of Environmental Health Administrators state in support that this bill offers additional safeguards against cross contamination of food and allows safer reuse of utensils and containers at temporary events and simplifies and clarifies how the existing allowance of “bring your own” containers are applied. Waste Busters, a waste diversion and greening services agency that offers their services to temporary events, states that thanks to this legislation reusables can be offered to the benefit of the event experience as well as the greater environment.

ASSEMBLY FLOOR: 72-0, 4/11/19

AYES: Aguiar-Curry, Bauer-Kahan, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Berman, Chiu, Cooley, Frazier, Eduardo Garcia, Levine, Low

Prepared by: Vincent D. Marchand / HEALTH / (916) 651-4111

6/26/19 15:44:11

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: AB 619

SUBJECT: Retail food: reusable containers: multiuse utensils

SUMMARY:

Permits a local enforcement agency to allow a temporary food facility to use multiuse utensils that are clean, rinsed, and sanitized, as an alternative to single-use utensils, and clarifies provisions of law governing the ability of consumers to bring empty containers to food facilities intended for refilling with food or beverages.

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90 day period. [HSC §113789]
3. Defines “temporary food facility” as a food facility approved by the local enforcement agency that operates at a fixed location for the duration of an approved community event or at a swap meet. Defines “nonprofit charitable temporary food facility” as a temporary food facility that is conducted by a nonprofit charitable organization, or an established club or organization of students that operates under the authorization of a school or other educational facility. [HSC §113930, §113842]
4. Requires food facility employees to minimize bare hand and arm contact with nonprepackaged food that is in a ready-to-eat form. Requires food employees to use utensils, including scoops, forks, tongs, paper wrappers, gloves, or other implements, to assembly ready-to-eat food or to place ready-to-eat food on tableware or in other containers, but permits employees to assembly or place on tableware ready-to-eat food without using utensils if hands are cleaned in accordance with specified provisions of law. [HSC §113961]
5. Requires returned empty containers intended for refilling with food or beverage to be cleaned and refilled in an approved facility, except as follows:
6. Permits consumer-owned containers returned to the food facility for refilling to be refilled and returned to the same consumer if the container is refilled by an employee of the food facility or the owner of the container if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner; and,
7. Permits consumer-owned containers that are not food specific to be filled at a water vending machine or system. [HSC §114121]
8. Requires a temporary food facility to provide only single-use articles for use by the consumer. [HSC §114353]

This bill:

1. Permits local enforcement agencies to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized, as specified, as an alternative to single-use articles, based on local environmental conditions, location, and similar factors, including the type and number of utensils, the volume and storage of potable water for warewashing, and waste water capacity.
2. Revises provisions of law governing the ability of consumers to bring empty containers to food facilities intended for refilling with food or beverages, by specifying that these provisions apply to filling (not just refilling), and by adding or clarifying the following:
3. Requires the consumer-owned container to be designed and constructed for reuse, as specified in provisions of federal law;
4. Requires the food facility to either isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling;
5. Requires the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, requires the written procedures to address waste water disposal, and requires the food facility to make the written procedures available to the enforcement agency upon request or at the time on an inspection; and,
6. Requires the food facility to ensure compliance with handwashing requirements.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, negligible fiscal impact. Rules governing food facilities are locally enforced and enforcement is funded through permit fees.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, California must continue to lead the fight in reducing the large amounts of landfill waste that will otherwise remain unattended to. By encouraging a paradigm shift of consciousness surrounding the ways consumers use single-use products, we can convey that participating in recreational events does not have to be wasteful. Most single-use food and beverage containers and utensils provided at events end up in landfills where they leech toxic chemicals, do not decompose, and cost taxpayers money to clean up after littering an event site. Few single-use items are fully recyclable or compostable; and ultimately contaminate recycling and composting operations. Unless we further address the root of this issue, consumers will not change their behavior. Tons will be added to landfills, cities will have to absorb the financial burden, and future generations will be left with the impact. Additionally, because the current requirements to prevent cross-contamination are not clear to restaurant owners, customers hoping to bring their own food containers with the common goal of combating waste reduction are not able to do so. This bill will help us tackle these problems, and will continue to champion the environmental and economic objectives of our state.
2. Background. The CalCode, which governs retail food facilities, is based on the model food code published by U.S. FDA, although there are some differences. With regard to refilling returnable containers, the U.S. FDA model food code requires empty containers returned to a food facility for cleaning and refilling to be cleaned and refilled in a food processing plant – not a retail food facility – unless it meets certain exceptions to be able to be refilled at the food facility. These exceptions include when the take-home food container is designed and constructed for reuse in accordance with specified requirements, and was initially provided by the food establishment to the consumer for the purpose of being returned for reuse. The revisions this bill is making to the CalCode, in general, conform more closely to the federal model code, by referencing the design standards for containers intended for reuse
3. Prior legislation. SB 1067 (Huff, Chapter 195, Statutes of 2016) requires the food safety certification examination, which must be completed by at least one person at every retail food facility, to include major food allergens and the symptoms that these allergens could cause in individuals who have allergic reactions. Revises and recasts provisions of law governing the serving of raw and undercooked meat, and makes various other updates and minor changes to the laws governing retail food facilities.
   
   AB 2130 (Pan and Gatto, Chapter 75, Statutes of 2014) repealed provisions of law enacted in 2013 that prohibited retail food employees from contacting exposed ready-to-eat foods with their bare hands, and replaced these provisions with the law that existed prior to the enactment of these provisions, which require food employees to minimize bare hand contact with ready-to-eat foods.
   
   AB 1252 (Committee on Health, Chapter 556, Statutes of 2013) made numerous technical, clarifying, and non-controversial changes to the CalCode, and prohibited bare hand contact with ready-to-eat food without prior authorization from the local environmental health department.
   
   SB 144 (Runner, Chapter 23, Statutes of 2006) established the CalCode in order to create uniformity between California's retail food safety laws and those of other states, as well as to enhance food safety laws based on the best available science.
4. Support. The Clean Seas Lobbying Coalition, the sponsor of this bill, and its coalition of supporters state that this bill expands consumer choice, helps local businesses and advances California’s longstanding goal of reducing landfill waste and plastic pollution. Bon Appetit Management Company and Ponce’s Mexican Restaurant state that allowing temporary food facilities to have the option to utilize reusable food ware at these events will aid in the reduction of the large amount of plastics and other materials that would otherwise waste away in landfills across the state. Supporters argue the body of law allowing consumers to bring reusable containers is arcane and unclear and many restaurants that wish to accept reusable containers are unsure of the public safety requirements. The California Association of Environmental Health Administrators state in support that this bill offers additional safeguards against cross contamination of food and allows safer reuse of utensils and containers at temporary events and simplifies and clarifies how the existing allowance of “bring your own” containers are applied. Wastebusters, a waste diversion and greening services agency that offers their services to temporary events, states that thanks to this legislation reusables can be offered to the benefit of the event experience as well as the greater environment.

SUPPORT AND OPPOSITION:

Support: Clean Seas Lobbying Coalition (sponsor)

Algalita Marine Research and Education

Alvarado Street Brewery

ASIS Productions

Bay.org

Bon Appétit

California Alliance of Farmers’ Markets

California Association of Environmental Health Administrators

California Compost Coalition

California League of Conservation Voters

Californians Against Waste

Center for Environmental Health

ChicoBag/ To-Go Ware

City of Imperial Beach

City of Torrance

Clean Water Action

Eco Imprints

Friends Committee on Legislation of California

Green Valley Community Farm

Guitarfish Music Festival

Heal the Bay

Johnson Ohana Foundation

Joshua Tree Music Festival

La Cocina

Los Angeles City Council

Los Angeles County Solid Waste Management Committee/Integrated Waste Lydia’s Kind Food, Inc.

Management Task Force

MoneyVoice

Monterey Bay Aquarium

No Plastic Oceans

Pier 23 Café

Plastic Pollution Coalition

Ponce’s Mexican Restaurant

Recology

San Francisco Baykeeper

San Francisco Department of the Environment

Save Our Shores

Seventh Generation Advisors

Shizen and Tataki Restaurant

Sierra Club California

Steelys Drinkware

Surfrider Foundation

Symbiosis Gathering

The 5 Gyres Institute

The Center for Oceanic Awareness, Research, and Education

The Story of Stuff Project

Tonic Nightlife Group

UPSTREAM

Valley Improvement Projects

Waste Busters

WILDCOAST

Wishtoyo Chumash Foundation

Women’s Voices for the Earth

Zero Waste USA

Oppose: None received

-- END --

Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 619

Author:(Chiu) – As Amended Ver:March 20, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill expands the circumstances in which food facilities allow a consumer-owned container to be filled and allows temporary food facilities to use multiuse utensils that are cleaned, rinsed and sanitized, under specified conditions.

FISCAL EFFECT:

Negligible. Rules governing food facilities are locally enforced and enforcement is funded through permit fees.

COMMENTS:

1. Purpose. The author indicates we need a paradigm shift away from single-use products to reduce waste and associated pollution. He states this author-sponsored bill is consistent with the environmental and economic objectives of our state.
2. Background. Most state food laws as enumerated in the California Retail Food Code are based upon the U.S. Food Code, a model food code published by the Federal Food and Drug Administration. This U.S. Food Code is more restrictive than this bill.
3. Support. This bill is supported by a number of business and environmental groups and has no opposition. The California Association of Environmental Health Administrators, who enforce retail food laws, write in support that this bill offers additional safeguards against cross-contamination of food and allows safer reuse of utensils and containers at temporary events, as well as simplifies and clarifies how rules related to “bring your own containers” are applied.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: March 26, 2019

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 619

Author:Chiu – As Amended Ver:March 20, 2019

SUBJECT: Retail food: reusable containers: multiuse utensils.

SUMMARY: Revises the requirements that permits food facilities to use consumer-owned containers for filing with food or beverages. Permits a local enforcement agency to allow a temporary food facility to use multiuse utensils if certain requirements are met. Specifically, this bill:

1. Clarifies that clean consumer-owned containers provided or returned to the food facility for filling may be filled and returned to the same consumer if the container is designed and constructed for reuse, as specified, and the food facility:
   1. Either isolates the consumer-owned returned empty containers from the serving surface or sanitizes the serving surface after each filling; and,
   2. Prepares, maintains and adheres to written procedures to prevent cross-contamination, and the written procedures to address waste water disposal. Requires the food facility to make the written procedures available to the enforcement agency upon request or at the time of an inspection.
2. Requires the food facility that allows the use of returned empty containers for filling with food or beverage to ensure compliance with existing handwashing requirements.
3. Permits a local enforcement agency to allow a temporary food facility to use multiuse utensils that are cleaned, rinsed, and sanitized, as specified, based on local environmental conditions, location, and similar factors, including the type and number of utensils, as specified, the volume and storage of potable water for warewashing, and waste water capacity.

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC), administered by the Department of Public Health (DPH), which provides health and sanitation standards for retail food facilities, various types of food, and food-related equipment, including vending machines.
2. Defines the following terms:
   1. Single use articles as utensils, tableware, carry-out utensils, bulk food containers, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use, after which they are intended for discard. Includes in this definition items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans that do not meet the materials, durability, strength, and cleanability specifications for utensils, as specified.
   2. Temporary food facility as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet.
   3. Warewashing as the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
3. Requires the person in charge, as defined, and all food employees to have adequate knowledge of, and be properly trained in, food safety as it relates to their assigned duties, including keeping their hands and exposed portions of their arms clean.
4. Requires food to be protected from cross-contamination using various methods.

FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, California must continue to lead the fight in reducing the large amounts of landfill waste that will otherwise remain unattended. By encouraging a paradigm shift of consciousness surrounding the ways consumers use single-use products, we can convey that participating in recreational events does not have to be wasteful. When attending events like street festivals, concerts, or state fairs, it is not uncommon to come across a sea of single-use plastics littered across the premises. Consumers have likely normalized this occurrence because they believe that eventually this waste will be attended to and be disposed of in an ethical manner. However, most single-use food and beverage containers and utensils provided at community events end up in landfills where they leech toxic chemicals, do not decompose, and cost taxpayers money to clean up after littering an event site. Few single-use containers or utensils are fully recyclable or compostable; and as a result, they can contaminate recycling and composting operations. Unless we further address the root of this issue, consumers will not change their behavior. Tons will be added to landfills, cities will have to absorb the financial burden, and future generations will be left with the impact.
   
   Additionally, because the current requirements to prevent cross-contamination are not clear to restaurant owners, customers hoping to bring their own food containers with the common goal of combatting waste reduction are not able to do so.
   
   This bill will help us tackle these problems, and will continue to champion the environmental and economic objectives of our state.
2. BACKGROUND. The U.S. Food Code, published by the Federal Food and Drug Administration (FDA) is a model code that assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry. California enacted its own food code, as codified in CRFC, but many of the provisions of CRFC were modeled after the FDA Food Code which is based on the most current scientific knowledge of safe retail food handling practices.
   
   Currently, the FDA Food Code allows take-home containers (consumer brought) that are initially provided by the food establishment if the container is designed and constructed for reuse and is returned to a food establishment for cleaning and refilling and if cleaning and sanitizing steps are followed. Additionally, a take-home container may be refilled at a food establishment with a beverage if certain requirements are met, including that the beverage is not time/temperature control for safety and the design of the container allows for effective cleaning and rinsing. Consumer-owned, personal take-out beverage containers like thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses may also be refilled by an employee of the food establishment, or the consumer, if refilling is a contamination-free process, as specified.
   
   Currently, the CRFC allows returned empty containers intended for refilling with food and beverage to be cleaned and refilled in an approved facility. The CRFC also allows consumer owned containers returned to a food facility for refilling to be refilled and returned to the same consumer if the container is refilled by a food facility employee or the container’s owner if the dispensing system includes a contamination free transfer process that cannot be bypassed by the container owner.
   
   This bill would allow clean consumer-owned containers that are designed and constructed for reuse to be filled with food or beverage if: a) the food facility either isolate the consumer-owned containers from the serving surface after filling; and, b) the food facility has written procedures to prevent cross-contamination that also addresses waste water disposal.
   
   Additionally, current law requires temporary food facilities to only provide single-use articles for use by the consumer. This bill would permit a temporary food facility to use multiuse utensils that are cleaned, rinsed and sanitized and other local environmental conditions, location and factors such as the type and number of utensils and waste water capacity are satisfied. According to the author and supporters of this bill, this will reduce the waste associated with single-use utensils.
3. SUPPORT. The Clean Seas Lobbying Coalition and other supporters state that this bill expands consumer choice, help local businesses and advances California’s longstanding goal of reducing landfill waste and plastic pollution. Bon Appetit Management Company and Ponce’s Mexican Restaurant state that allowing temporary food facilities to have the option to utilize reusable food ware at these events will aid in the reduction of the large amount of plastics and other materials that would otherwise waste away in landfills across the state. Lastly, the body of law allowing consumers to bring reusable containers is arcane and unclear and many restaurants that wish to accept reusable containers are unsure of the public safety requirements. The California Association of Environmental Health Administrators, also in support, write that this bill offers additional safeguards against cross contamination of food and allows safer reuse of utensils and containers at temporary events and simplifies and clarifies how the existing allowance of “bring your own” containers are applied.

REGISTERED SUPPORT / OPPOSITION:

Support

5 Gyres Institute
7th Generation Advisors
Algalita Marine Research And Education
Alvarado Street Brewery
Aquarium of The Bay
ASIS Productions
Bon Appetit Management Company
California Compost Coalition
Californians Against Waste
Center For Oceanic Awareness, Research, & Education
City of Imperial Beach
Clean Seas Lobbying Coalition
Clean Water Action
Clean Water Fund
Friends Committee on Legislation Of California
Green Valley Community Farm
Guitarfish Music Festival
Heal The Bay
Jeff Bridges
Johnson Ohana Foundation
Joshua Tree Music Festival
Los Angeles City Council
No Plastic Oceans
Plastic Pollution Coalition
Ponce’s Mexican Restaurant
Save Our Shores
Shizen and Tataki Restaurants
Steelys Drinkware & Eco Imprints, Inc.
Surfrider Foundation
The Story ff Stuff Project
Tonic Nightlife Group
UPSTREAM
Wildcoast
Wishtoyo Chumash Foundation
Zero Waste USA

Opposition

None on file.

Analysis Prepared by: Rosielyn Pulmano / HEALTH / (916) 319-2097