CC Ordinance No. 22-2239 Amend and adopt new sections for Single-Use PlasticsORDINANCE NO. 22-2239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO CHANGE THE NAME OF CHAPTER 9.15, ADOPT
NEW SECTIONS 9.15.090 AND 9.15.125, AND AMEND SECTIONS 9.15.100, 9.15.110,
9.15.120, 9.15.130, 9.17.130 AND 9.17.140 TO REGULATE THE USE OF SINGLE-USE
FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF
SINGLE-USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM
COOLERS, AND REGULATE SINGLE-USE CARRYOUT BAGS
1. The City Council of the City of Cupertino finds that:
WHEREAS, on February 5, 2014, the City of Cupertino adopted an ordinance to
prohibit food vendors from providing prepared food using food packaging
containing polystyrene foam, currently codified as Chapter 9.15 of the City Code; and
WHEREAS, this ordinance continues to prohibit the sale and use of polystyrene foam
food service ware and also further regulates single-use food service ware and food
service ware accessories in Cupertino; and
WHEREAS, the State adopted AB 619 in July 2019, which allows consumers to supply
their own reusable containers for filling or refilling and requires that food
establishments have an established procedure for safely accepting reusable
containers; and
WHEREAS, the State recently adopted Assembly Bill 1200, which prohibits the sale
or distribution of food packaging made primarily from paper, paperboard, or other
natural fiber that contains per-and polyfluoroalkyl substances (PFAS) in California
beginningJanuaryl,2023;and
WHEREAS, Assembly Bill 1200 does not include a verification mechanism to assist
food providers in identifying whether the food packaging contains PF AS; and
WHEREAS, this ordinance requires that food service ware used by a food provider in
Cupertino be certified as PFAS-free by an independent third-party certifying
organization to assist Cupertino food providers in identifying PF AS-free food service
ware; and
WHEREAS, the State also recently adopted Assembly Bill 1276, which prohibits the
distribution of single-use food service ware accessories and standard condiments
packaged for single use by food providers except upon request by the consumer; and
Ordinance No. 22-2239
Page2
WHEREAS, this ordinance is consistent with the City of Cupertino's Zero Waste
Policy and Climate Action Plan that seek to reduce solid waste at its source and reduce
single-use food service ware and packaging;
WHEREAS, the State adopted SB 270 on November 8, 2016 which requires certain
retail stores to charge 10 cents for a reusable grocery bag or recycled paper bag and
thus requiring an update to the language in Cupertino's municipal code; and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public
hearing on August 16, 2022, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions .
SECTION 3: California Environmental Quality Act.
Ordinance No. 22-2239
Page3
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines ( collectively, "CEQA") because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
t o have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action to regulate
the use of single-use foodware by food providers would have no or only a de minimis
effect on the environment because reducing disposable plastic foodware items such as
straws, utensils, and stirrer sticks and having compostable alternatives offered only upon
request and other provisions of the ordinance would not have the potential for causing a
significant effect on the environment. The foregoing determination is made by the City
Cotmcil in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a special meeting of the Cupertino City Council on August 16,
2022 and ENACTED at a regular meeting of the Cupertino City Cmmcil on September 6,
2022 by the following vote:
Vote Members of the City Cotmcil
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 22-2239
Page4
SIGNED :
C Pa ~
City of Cupe mo
ATTEST:
7
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
ChnJtOjJher JJ. Je111e11
~
Christopher D. Jensen, City Attorney
of /z 3/ Z-c 2. -z_
Date
Date
Sep 19, 2022
Date
9/27/22
Attachment B -AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE
THE USE OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS AND
REGULATE THE SALE OF SINGLE-USE FOOD SERVICE WARE AND EXPANDED
POLYSTYRENE FOAM COOLERS AND REGULATE THE PROVISION OF
SINGLE-USE CARRYOUT BAGS
SECTION 1. ADDITION OF SECTION 9.15.090 CONCERNING THE PURPOSES OF
REGULATION OF THE USE AND SALE OF SINGLE-USE FOOD SERVICE WARE AND
EXPANDED POLYSTYRENE FOAM COOLERS
9.15.090 Purpose of Chapter
A. This chapter is determined and declared to be a health, sanitary, and safety
measure for the promotion, protection and preservation of the health, safety and
general welfare of the people and environment of the City of Cupertino.
B. Single-use disposable food service ware and beverage packaging -including
plates, cutlery, cups, straws, "clamshells" and other containers -are major
contributors to street litter, ocean pollution, marine and other wildlife harm,
depletion of natural resources, and greenhouse gas emissions.
C. Plastic litter breaks down into smaller pieces that are not biodegradable, persist in
the environment on land and sea, and are present in most of the world's oceans.
D. Among other hazards, plastic debris attracts and concentrates ambient pollutants,
such as endocrine disrupters and persistent organic pollutants, in seawater and
freshwater that can transfer to fish, other seafood, and salt that is eventually
consumed. Nine of the top ten most common debris items found on beaches in the
U.S. during International Coastal Cleanup Day are single-use food and beverage
plastic packaging items.
E. Discharge of litter into waters of the United States is prohibited by the Federal
Clean Water Act and the City's storm water pollution prevention permit as issued
by the San Francisco Bay Regional Water Quality Control Board.
F. Even if certain types of single-use plastic food service ware are accepted as
recyclable by the City of Cupertino's approved recyclables processor, when those
Attachment A -Page 1
items have food and grease residue on them, they become a contaminant to the
recycling stream.
G. Natural fiber-based food service ware items can be diverted from landfill and
processed into compost even when they have food and grease residue on them.
H. Certain synthetic chemicals known as Per-and Polyfluoroalkyl Substances (PFAS),
which are commonly used in disposable food service ware to repel water and
grease, pose a public health risk as they have been linked to serious health effects .
I. Polystyrene foam food service ware and other items made from unencapsulated
foamed materials are a distinctive litter concern because they are lightweight,
break apart easily, are windblown into streets and waterways, and float in water
until it reaches the San Francisco Bay and ocean.
J. The City of Cupertino intends to reduce solid waste at its source and maximize
recycling and composting in accordance with Cupertino's Climate Action Plan,
Zero Waste Policy, and stormwater pollution prevention permit.
K. 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.
SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS
9.15.100 Definitions
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise:
1. "Beverage Provider" means any business, organization, entity, group, or person
that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to the
public for consumption. Beverage Provider also includes any organization, entity,
group or person that regularly provides beverages to its members or the general
public as a part of its activities or services.
Single-Use Plastics and Carryout Bags -Page 2
2. "Biodegradable Products Institute (BPI)" refers to a certification program that
ensures that products and packaging displaying the BPI logo have been
independently tested and verified according to scientifically based standards to
successfully break down in professionally managed industrial composting
facilities. BPI-certified products meet the standards of the American Society for
Testing Materials (ASTM) D6400 or D6868 for compostability. As of January 1,
2020 , all BPI-certified products are required to have (1) a limit of 100 parts per
million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance
and (2) no intentionally added Fluorinated Chemicals.
3. "City" means the City of Cupertino.
4. "City Facility" means any building, structure, or vehicle owned or operated by the
City.
5 . "City Facility Food Provider" means an entity that provides, but does not sell,
Prepared Food in City Facilities.
6. "City Manager" means the City of Cupertino's City Manager or their designee .
7. "County" means the County of Santa Clara.
8. "Compostable" means that an item or material is (1) accepted in City's available
composting collection program as fully compostable; (2) is listed, described, or
referenced on the City's website as compostable; and (3) is certified compostable
by the Biodegradable Product Institute or other third party recognized by the
Director, or his or her designee.
9. "Contractors and Lessees" means any person or entity that has a contract with the
City of Cupertino for public works or improvements to be performed, for a
franchise, concession, or lease of property, for grant monies or goods and services
or supplies to be purchased at the expense of the City of Cupertino.
10 . "Director" means the City of Cupertino's Director of Public Works or their
designee.
11 . "Distribute" means the sale, offer for sale, or other transfer of possession of an item
for compensation, either as a separate transaction or as part of the sale, offer for
sale, or other transfer of possession of another item for compensation.
Single-Use P lastics and Carryout Bags -Page 3
12 . "Fluorinated Chemical" means a class of fluorinated organic compo1mds
containing at least one fully fluorinated carbon atom, also known as per-and
polyfluoroalkyl substances, or PFAS chemicals .
13. "Food Container" means a container, bowl, plate, tray, or other vessel used to hold
Prepared Food.
14. "Food Provider" means any establishment, provider, non-profit vendor, or
business, operating within the City that sells Prepared Food (1) to the public for
consumption on or off its premises, at a catered event, and/or (2) at cafeterias and
places of employment, whether or not such establishments are open to the general
public. Food Provider includes but is not limited to, restaurants, retail food
establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery
stores, delicatessens serving the public, mobile or temporary food providers,
vehicles or carts, or roadside stands.
15. "Food Service Ware" means any products used for serving or consuming
prepared food and includes, but is not limited to, cups, bowls, plates, trays,
cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and
other items used as part of food or beverage service or in which Prepared Food is
placed or packaged on a Prepared Food Provider's premises.
16. "Food Service Ware Accessory" means any type of accessory or accompanying
items usually provided alongside Prepared Food in plates, containers, bowls, or
cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food
or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks,
spill plugs, cocktail sticks, and toothpicks.
17. "Person" means an individual, trust, firm, joint stock company, corporation
including a government corporation, partnership, or association.
18. "Per-and Polyfluoroalkyl Substances" means, for the purposes of food packaging,
a class of fluorinated organic chemicals containing at least one fully fluorinated
carbon atom.
19. "Polystyrene Foam" means a thermoplastic petrochemical material made from a
styrene monomer and expanded or blown using a gaseous agent ( expanded
polystyrene) including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion-blow molding
(extruded foam polystyrene).
Single-Use Plastics and Carryout Bags -Page 4
20. "Prepared Food" means food or beverages that are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
premises of a food provider for consumption, including, but not limited to, ready-
to-eat, dine-in, take-out or complimentary food or beverage. "Prepared food" does
not include: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from
a butcher case or a similar retail method; (2) prepackaged food that is delivered to
the food provider wholly enqsed, contained or packaged in a container or
wrapper, and sold or otherwise provided by the food provider in the same
container or packaging; or (3) nonpolystyrene foam prepackaged items prepared
on-site, which are not made to order and sold as "grocery items."
21. "Raw Food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg.
22. "Recyclable" means material that can be sorted, cleansed, and reconstituted and
accepted by the City's available recycling collection programs for the purpose of
using the altered form in the manufacture of a new product.
23. "Reusable Food Service Ware" means all food service ware, including plates,
bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is
manufachired of durable materials and that is specifically designed and
manufachired 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.
24 . "Single-use" means not meeting the definition of Reusable in these definitions.
25. "Standard Condiments and Spices" 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 substih1tes or others as determined
by the City.
26. "State" means the State of California.
27. "Takeout Food" means Prepared Food requiring no further preparation, which is
purchased to be consumed off a Prepared Food Provider's premises. Takeout Food
includes Prepared Food delivered by a Food Provider or by a third-party Takeout
Food Delivery Service.
28. "Takeout Food Delivery Service" is a service that delivers Takeout Food from a
Food Provider to a customer for consumption off the premises. This service can be
provided directly by the Food Provider or by a third-party.
Single-Use Plastics and Carryout Bags -Page 5
29. "Third Party Food Delivery Platform" means a business engaged in the service of
online food ordering and/or delivery from a Prepared Food Provider to a
consumer.
SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION OF
FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED BY FOOD
PROVIDERS AND SOLD BY RETAILERS
9.15.110 Regulation of Food Service Ware and Polystyrene Foam Coolers Used by Food
Providers and Sold by Retailers
A. ACCESSORIES ONLY UPON CUSTOMER REQUEST
On or after October 6, 2022 :
1. Food Providers shall provide Single-use Food Service Ware Accessories and
Standard Condiments in single serve packets only upon request by customers
during on-premises dining or when using a third-party food delivery platform.
Single-use Food Service Ware Accessories and Standard Condiments packaged for
single use provided by Prepared Food Providers for use by consumers shall not
be bundled or packaged in a manner that requires a consumer to take a different
type of Single-use Food Service Ware Accessory or Standard Condiment
2. Food Providers and Beverage Providers, as well as City facilities, City-managed
concessions, City-sponsored events, and City-permitted events, may provide
plastic straws as an accommodation to people with disabilities who request them
to enjoy equal access to food and beverage services within the City.
3. Prepared Food Providers offering Standard Condiments and Spices are
encouraged to use dispensers or bulk containers rather than pre-packaged
individual serving packets.
4. Takeout Food Delivery Services that utilize digital ordering/point of sale
platforms, including but not limited to the internet and smart-phone, shall only
offer Single-Use Food Service Ware Accessories by providing clear options for
customers to affirmatively request these items separate from orders for food and
beverages. The default option on the digital ordering/point of sale platforms shall
be that no Single-Use Food Service Ware Accessories are requested. Each
individual Single-Use Food Service Ware Accessory (e.g., each fork, knife,
Single-Use Plastics and Carryout Bags -Page 6
condiment packet, napkin, etc.) provided with Prepared Food must be specifically
requested by the customer in order for a Food Provider to provide it.
5. A Prepared Food Provider may ask a drive-through consumer if the consumer
wants a Single-use Food Service Ware Accessory if the Single-use Food Service
Ware Accessory is necessary for the consumer to consume ready-to-eat food, or to
prevent ·spills of or safely transport ready-to-eat food.
6. For delivery orders, Prepared Food Providers may choose to include specific
accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and
deliver food and beverages safely.
B. USE OF NON-COMPLIANT FOOD SERVICE WARE PROHIBITED
On or after September 6, 2023:
1. Prepared Food or Beverage Providers, including City Facility Prepared Food
Providers, and City Contractors and Lessees may not sell, offer for sale, or
otherwise distribute Prepared Food prepared or packaged in Cupertino using:
a. Single-use Food Service Ware or Food Ware Accessories made, in whole or
in part, from Polystyrene Foam;
b. Single-use Food Service Ware made, or Food Ware Accessories made, in
whole or in part, from plastic including polyethylene, polyethylene
terephthalate, polypropylene, polystyrene, even if accepted as recyclable by
the City's approved recyclables processing facility;
c. Single-use Food Service Ware or Food Ware Accessories that are
Compostable and not certified free of Fluorinated Chemicals by an
independent third-party certifying organization approved by the Director,
or their designee;
d . Single-Use Food Service Ware or Food Ware Accessories made in whole or
in part from bio-or plant-based or other "compostable" plastic even if
labeled or certified as compostable.
2. The Director, or their designee, may adopt a list, or reference an approved list, of
suitable alternative Compostable or Recyclable aluminum Single-use Food Service
Ware products, which means Single-use Food Service Ware products that serve
the same intended purpose as non-compliant products, meet the standards for
what is Compostable and/or Recyclable aluminum under this Chapter, and are
reasonably affordable. If a product is not included or referenced on an approved
list, the person using the product as Single-use Food Service Ware will have the
Single-Use Plastics and Carryout Bags -Page 7
burden of establishing to the Director's satisfaction that the product complies with
this Section.
3. It shall not be a violation of this Section to sell, provide, or purchase Prepared Food
or Raw Food or Beverage packaged in Single-Use Food Service Ware otherwise
prohibited by subsection (1) if the Prepared Food or Raw Food or Beverage is
packaged outside the City and is sold or otherwise provided to the consumer in
the same Single-use Food Service Ware in which it originally was packaged.
Businesses packaging Prepared Food outside the City are encouraged to use
Single-use Food Service Ware that is Compostable or Recyclable aluminum, is
Compostable and free of Fluorinated Chemicals, and is not made, in whole or in
part, from Polystyrene.
C. REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
On or after September 6, 2023:
1. Prepared Food served for consumption on the Prepared Food Provider's premises
shall be served only on Reusable Food Service Ware, except that disposable paper
food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and
plate liners, and straws shall be permitted, so long as they meet the requirements
set forth elsewhere in this Chapter.
2. Condiments, such as sauces, ketchup, or mustard, provided for on-site
consumption, shall not be served in disposable, individual-serving packets.
3. Consumption is considered on-premises if it takes place at tables and/or seating
provided by the Prepared Food Provider either on its own or in conjunction with
another Prepared Food Provider.
4. New building permits and new or renewed business licenses for Food Service
Providers applied for, and/or deemed complete after 6/1/2023 shall only be
granted to Prepared Food Providers that can demonstrate adequate capacity to
comply with subsection C.1.
5. This requirement does not prohibit a Prepared Food Provider from providing,
upon a customer's request, Single-use Food Service Ware compliant with
subsection B.1 for the customer to take away leftover Prepared Food after dining
on the premises.
6. Prepared Food Providers subject to the requirements of subsection C.1 that do not
have onsite or off-site dishwashing capacity, or are tmable to contract for services
S ingle-Use Plastics and Carryout Bags -Page 8
to wash, rinse, and sanitize Reusable Food Service Ware, in order to comply with
applicable provisions of the California Health and Safety Code, may petition the
Director for an exemption or extension under 9.15.1 20.
D . SALE OR DISTRIBUTION OF NON-COMPLIANT FOOD SERVICE WARE AND
EXP ANDED POLYSTYRENE FOAM COOLERS PROHIBITED
On or after September 6, 2023:
1. No Person may sell, offer for sale, or otherwise Distribute within the City any
Single-use Food Service Ware prohibited under Sections B.1.a. or B.1.d.
2. No person may sell, offer for sale, or otherwise distribute for compensation within
the City coolers, ice chests, or similar containers made, in whole or in part, from
Polystyrene Foam that is not wholly encapsulated or encased within a more
durable material.
3. Pursuant to Section B.3, the Director may adopt, maintain, or reference a list of
compliant products.
SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS
A. A Food Provider may seek an exemption from the requirements under Section
9.15 .110 due to a "unique packaging hardship" tmder Subsection B of this section,
"unused inventory" under Subsection C of this section, "significant economic
hardship" under Subsection D, or request a temporary exemption to request extra
time for compliance tmder Subsection E.
B. The Food Provider must demonstrate that no reasonably feasible alternative exists
for a specific and necessary prohibited Single-Use food service ware item to
qualify for a "tmique packaging hardship" exemption.
C. The Food Provider must demonstrate that before fnew effective date of this
ordinance], it purchased the prohibited food service ware which cannot be
returned to the distributor and, despite the food vendor's best efforts, will remain
in inventory on [date], to qualify for an "unused inventory" exemption.
D. The Food Provider must demonstrate that the provisions of this Chapter would
cause significant economic hardship. "Significant economic hardship" may be
based on, but not limited to, demonstrating that suitable Single-use Food Service
Ware is not available at a commercially reasonable price and the additional cost
Single-Use Plastics and Carryout Bags -Page 9
10
associated with providing the Single-Use Food Service Ware is particularly
burdensome to the Food Provider based on the type of operation(s) affected, the
overall size of the business/operation, the number, type and location of its
facilities, the impact on the overall financial resources of the Food Provider, and
other factors. Reasonable added cost for an item required by this Chapter shall not
by itself constih1te adequate grotmds to support an exemption for such item. In
determining whether a significant economic hardship has been established, the
Director shall consider the following information: ability of the Food Provider to
recover the additional expense by increasing its prices, outside ftmding, and other
options.
E. The Food Provider must demonstrate that for other reasons not already stated it
needs additional time to comply with the provisions of this Chapter.
F. The Food Provider may submit a written application for an exemption to the
Environmental Programs Division. The Director may require the applicant to
submit additional information or documentation to make a determination
regarding the exemption request. A request for exemption shall be reviewed on a
case by case basis, and may be granted in whole or in part, with or without
conditions, for a period of up to one year. The determination of the Director shall
be final and is not subject to appeal.
G. Prepackaged Food delivered from outside the City is exempt from the provisions
of this Chapter.
H. Disposable Food Service Ware that is entirely Aluminum Foil-based including, but
not limited to, aluminum trays, aluminum foil wrappers and aluminum foil
baskets, is exempt from the provisions of this Chapter.
I. Temporary exemptions due to an emergency are automatic without the
submission of a request for an exemption. An emergency is defined as a sudden,
unexpected occurrence posing a clear and imminent danger that requires
immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services. Examples of an emergency include, but are
not limited to natural disasters, emergencies due to the release of hazardous
materials, emergencies associated with loss of power and/or water, or emergency
medical response .
Single-Use Plastics and Carryout Bags -Page
SECTION 5. ADDITION OF NEW SECTION 9.15.125 CONCERNING
RECORDKEEPING AND INSPECTION
9.15.125 Recordkeeping and inspection.
A. Food Providers shall keep a complete and accurate record or documents of the
purchase of Single-use Food Service Ware evidencing compliance with this
Chapter.
B. The record shall be made available for inspection at no cost during regular
business hours to City employees or City-designated agents authorized to enforce
this Chapter. Unless an alternative location or method of review is mutually
agreed upon, the records or documents shall be made available at the Food
Provider address.
C. The provision of false or incomplete information, records or documents to the city
shall be a violation of this Chapter.
SECTION 6. AMENDMENTS TO SECTION 9.15 .130 CONCERNING ADMINISTRATIVE
CIT A TIO NS AND FINES
9.15.130 Administrative citations and fines.
A. Grounds for an administrative citation. An administrative citation may be issued
upon findings made by the City Manager, or his or her designee, for violation of any
provision of this Chapter.
B. Administrative citation fine amounts. Upon findings made under subsection (A), the
Person, Beverage Provider, or Food Provider shall be subject to an administrative citation
pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00).
(2) Second citation for the same violation within the same twelve month period: Two
hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same twelve
month period: Five hundred dollars ($500.00)
( 4) Each day that any person or food vendor violates the provisions of this Chapter is
a new and separate violation~
Sing le-Use Plastics and Carryout Bags -Page
11
( c) Administrative citation appeals and disposition shall be processed in accordance
with Chapter 1.10 of this Code.
SECTION 7. AMENDMENTS TO SECTION 9.17.130 CONCERNING REGULATION OF
SINGLE-USE CARRYOUT BAGS
9.17.130 Single-Use Carryout Bags
A. No person or retail establishment shall provide a Single-Use Carryout Bag to a
customer, at the check stand, cash register, point of sale or other point of departure for
the purpose of transporting food or merchandise out of the establishment except as
provided in this section or in section 9.17.140.
B. A retail establishment may only make recycled paper or reusable bags available
to customers if the retailer charges a minimum of ten cents.
C. Notwithstanding this section, no retail establishment may make available for
sale a recycled paper or reusable bag unless the amount of the sale of such bag is
separately itemized on the sale receipt.
D. A retail establishment may provide one or more recycled paper or reusable bags
at no cost to any of the following individuals: a customer participating in the California
Special Supplement Food Program for Women, Infants, and Children pursuant to
Article 2 ( commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the
Health and Safety Code; a customer participating in the Supplemental Food Program
pursuant to Chapter 10 ( commencing with Section 15500) of Part 3 of Division 9 of the
California Welfare and Institutions Code; and a customer participating in Calfresh
pursuant to Chapter 10 ( commencing with Section 18900) of Part 6 of Division 9 of the
California Welfare and Institutions Code.
9.17.140 Exemptions
12
1. A plastic or paper carryout bag with or without handles may be provided by a
public eating establishment to transport prepared food; Beginning September 6,
2023, a public eating establishment may no longer provide single-use plastic
carryout bags but may provide a recycled paper or reusable bag to transport
prepared food at no charge.
2. A plastic or paper bag with or without handles may be provided by a nonprofit
charitable reuser;
Single-Use Plastics and Carryout Bags -Page
13
3. A plastic or paper bag without handles may be provided to transport prepared
food, produce, bulk food, or meat from a department within a store to the point
of sale;
4. A plastic or paper bag without handles may be provided to hold prescription
medication dispensed from a pharmacy;
5. A plastic or paper bag without handles may be used to segregate food or
merchandise that could damage or contaminate other food or merchandise when
placed together in a reusable bag or recycled bag;
6. A garment bag or garment cover may be used to protect and transport clothing
or other textiles .
Single-Use Plastics and Carryout Bags -Page
Ordinance 22-2239 Single-Use Plastics
Final Audit Report
Created:
By :
Status:
Transaction ID :
2022-09-19
Araceli Alejandre (aracelia@cupertino .org)
Signed
CBJCHBCAABAANnTIVCCTKeq3g8hEubUnBgCJn7Px9yeR
2022-09-19
"Ordinance 22-2239 -Single-Use Plastics" History
'El Document created by Araceli Alejandre (aracelia@cupertino.org)
2022-09-19 -5:37 :50 PM GMT-IP address : 73.170.27 .253
g Document emailed to christopherj@cupertino.org for signature
2022 -09-19 -5:40 :14 PM GMT
'El Email viewed by christopherj@cupertino.org
2022-09-19 -5 :41 :54 PM GMT-IP address: 104.47.73.126
0-0 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2022-09-19 -5:42 :15 PM GMT-IP address : 136 .24.42 .212
0-0 Document e-signed by Christopher D . Jensen (christopherj@cupertino.org)
Signature Date : 2022-09-19-5 :42 :17 PM GMT -Time Source: server-IP address: 136.24.42.212
0 Agreement completed.
2022-09-19-5:42 :17 PM GMT
I
Powered by
Adobe
Acrobat Sign
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 22-2239 which
was enacted on September 6, 2022, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 27th day of September 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California