Pub. Resources Code, § 42370.1

For purposes of this chapter, the following terms have the following meanings:

(a) “Beverage container” has the same meaning as defined in Section 14505.

(b) “Food service facility” means an operation or business that is located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria, commissary, restaurant, deli, store, shop, market, or mobile food unit.

(c) (1) “Food service packaging” means a product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged or lidded containers.

(2) “Food service packaging” does not include any of the following:

(A) Straws, cup lids, plastic bags, and utensils.

(B) Single-use disposable packaging for unprepared foods.

(C) Beverage containers.

(D) Ceramic, porcelain, glass, or nonfoil metal food service packaging that is cleaned and reused by the food service facility.

(E) Products defined as drugs, devices, or medical food pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 360ee(b)(3)) and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary for accommodating medical- or health-related needs, including packaging used for these products.

(F) Products, including, but not limited to, devices, adaptors, utensils, and containers, used at any of the following types of facilities and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary intended to assist the facility’s residents or other individuals receiving care at the facility in the performance of functions related to the service and consumption of food or to otherwise protect the facility’s residents’ or other individual’s health or safety, if the facility determines that the products, or their functional equivalents as determined by the facility, are not on the list developed by the department pursuant to Section 42370.3:

(i) A health facility, as defined in Section 1250 of the Health and Safety Code.

(ii) A residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.

(iii) A community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code.

(iv) Any other facility that provides medical treatment or other health-related services to patients under the care of a medical professional.

(d) “Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include prepackaged, sealed food that is mass produced by a third party off the premises of the food service facility.