AB 619 (Chiu)—Bring-Your-Own Reusable Food and Beverage Containers

Overview: AB 619 expands consumer choice, helps local businesses, and advances California’s longstanding goal to reduce landfill waste and plastic pollution by increasing access to reusable food ware at events and in restaurants.

CAW Position: Support

Status: Signed by Governor

In Context: 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.

Bill Summary: Among other things, AB 619 will:

• AB 619 would end the requirement that temporary food facilities at community events provide single-use foodware by allowing – but not mandating – vendors at street festivals, county fairs, outdoor concerts, and other community events to serve food and beverages in washable cups, dishes, and utensils.

•  AB 619 would also make clear for restaurants that they may serve food and beverages in consumer-provided reusable containers.  

•  This simple fix would give food facility operators the flexibility to respond to consumer preferences, save money, and protect the environment, while creating marketing opportunities for businesses that want to “go green” at popular community events.  Additionally, it would provide consumers with clear, safe conditions for using their own food and beverage containers at all retail food facilities.

Current language, analysis, and votes

Supporters: For full list of supporters, see the Senate analysis here.

CAW Staff Contact: Robert Nunez, (916)443-5422