(a) On and after the date the List is published pursuant to Section 42370.3 of the Public Resources Code, a food service facility shall not dispense prepared food using food service packaging unless the food service packaging item is on the List.
(b) A food service facility may not use a food service packaging item unless the item is on the List published by the department pursuant to Section 42370.3 of the Public Resources Code, except that a food service facility may use a food service packaging item under any of the following conditions:
(1) The food service facility possessed that specific inventory of food service packaging items before the date the List was published.
(2) The food service facility possessed that specific inventory of food service packaging items before the item was removed from the List, and the item was on the List when the food service facility took possession of the item.
(3) The food service facility acquired that specific inventory of food service packaging items pursuant to a contract entered into before the date the List was published.
(4) The food service facility acquired that specific inventory of food service packaging items pursuant to a contract entered into before the item was removed from the List, and the item was on the List when the food service facility entered into the contract.
(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the List was published or subsequently updated, the food service facility shall be responsible for ensuring that the food service packaging items it purchased are on the List.
Credits
Note: Authority cited: Sections 40401, 40502 and 42370.2, Public Resources Code. Reference: Sections 42370.2, 42370.3 and 42370.4, Public Resources Code.
1. New section filed 12-6-2021; operative 12-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 14, § 17989.7, 14 CA ADC § 17989.7
