(a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food using food service packaging unless the type of food service packaging is on that list.

(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:

(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.

(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.

(3) The food service facility acquired that specific inventory of food service packaging 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 pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging 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, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.

(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)