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, 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 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 unable to contract for services 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 9.15.120.
D. Sale or Distribution of Non-Compliant Food Service Ware and Expanded 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.
(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2116, § 1 (part), 2014)