BILL NUMBER: SB 568	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2011

INTRODUCED BY   Senator Lowenthal
   (Coauthor: Assembly Member Wieckowski)

                        FEBRUARY 17, 2011

   An act to add Chapter 6.6 (commencing with Section 42391) to Part
3 of Division 30 of the Public Resources Code, relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 568, as amended, Lowenthal. Recycling: polystyrene food
containers.
   Existing law requires all rigid plastic bottles and rigid plastic
containers sold in the state to be labeled with a code that indicates
the resin used to produce the rigid plastic bottle or rigid plastic
container. The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
requires every rigid plastic packaging container, as defined, sold or
offered for sale in this state to generally meet one of specified
criteria.
   This bill would prohibit a food vendor, on and after January 1,
 2013  2014  , from dispensing prepared
food to a customer in a polystyrene foam food container and would
define related terms.  The bill would provide that a food vendor
that is a school district is not required to comply with the bill's
requirements until July 1, 2015. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 6.6 (commencing with Section 42391) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 6.6.  POLYSTYRENE FOAM FOOD CONTAINERS


   42391.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Customer" means a person obtaining prepared food from a food
vendor.
   (b) (1) "Polystyrene foam food container" means a container made
of thermoplastic petrochemical material utilizing the styrene
monomer, that meets all of the following conditions:
   (A) Polystyrene is the sole resin used to produce the rigid
plastic packaging container.
   (B) The container is required to be labeled with a "6" pursuant to
subdivision (a) of Section 18015.
   (C) The container is used, or is intended to be used, to hold
prepared food.
   (2) A polystyrene foam food container may be processed by a number
of techniques, including, but not limited to, fusion of polymer
spheres or expandable bead polystyrene.
   (3) Polystyrene foam may also be referred to as Styrofoam(T), a
Dow Chemical Company trademarked form of polystyrene foam insulation.

   (4) A polystyrene foam food container includes, but is not limited
to, a cup, bowl, plate, tray, or clamshell container that is
intended for single use.
   (c) (1) "Food vendor" means a food facility, as defined in Section
113789 of the Health and Safety Code, including, but not limited to,
a restaurant or retail food and beverage vendor located or operating
within the state.
   (2) A food vendor also includes, but is not limited to, an
itinerant restaurant, pushcart, vehicular food vendors, a caterer, a
cafeteria, a store, a shop, a sales outlet, or other establishment,
including a grocery store or a delicatessen.
   (3) A food vendor does not include a correctional facility,
including, but not limited to, a state prison, county jail, facility
of the Division of Juvenile Justice, county or city-operated juvenile
facility, including juvenile halls, camps, or schools, or other
state or local correctional institution.
   (d) "Prepared food" means food, as defined in Section 109935 of
the Health and Safety Code, including a beverage, that is served,
packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed,
or otherwise prepared for consumption. Prepared food includes
"ready-to-eat food," as defined in Section 113881 of the Health and
Safety Code.
   (1) "Prepared food" does not include raw, butchered meats, fish,
or poultry that is sold from a butcher case or a similar retail
appliance.
   (2) "Prepared food" may be eaten either on or off the premises,
and includes takeout food.
   42392.   On and after January 1, 2013   (a)
    Except as provided in subdivision (b), on and
after January 1, 2014  , a food vendor shall not dispense
prepared food to a customer in a polystyrene foam food container.

   (b) A food vendor that is a school district, as defined in Section
80 of the Education Code, is not required to comply with subdivision
(a) until July 1, 2015. 
   42393.  This chapter does not preempt the authority of a county,
city, or city and county to adopt and enforce additional single-use
takeout food packaging ordinances, regulations, or policies that are
more restrictive than the applicable standards required by this
chapter.
   42394.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.