Why Foodware Regulations?

Every year, US restaurants and food service businesses use nearly 1 trillion individual pieces of disposable foodware and packaging.¹ These items are used for only a short time, and when made from plastic pose risks to human health and have a long-lasting impact on the environment.²

By reducing single-use disposables and switching to recyclable or compostable foodware alternatives, you are part of the solution in helping to protect the environment and future generations.

What is a Foodware Accessory?

Foodware accessories: includes, but is not limited to, utensils, condiment packets, disposable straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins, wet-wipes, cup lids, cup sleeves, and beverage trays.

Condiment: any relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

Who Must Comply with Assembly Bill (AB) 1276?

As of January 2022, California Assembly Bill 1276 (known as Single-use Foodware Accessories and Standard Condiments) requires all retail food facilities (including, but not limited to, restaurants, mobile food facilities, cafes, coffee shops, and catering operations) and food delivery platforms to provide single-use foodware accessories and condiments to consumers only upon request in an effort to reduce waste.* Drive-throughs and airports are permitted to proactively ask customers whether they would like single-use foodware accessories.

*AB 1276 does not apply to correctional institutions; licensed health-care facilities; residential-care facilities; and public and private school cafeterias. 

Bundled Items Are Prohibited

Additionally, these items are prohibited from being bundled or packaged in a way that prohibits the consumer from taking only the item desired (e.g. a wrapped package that includes utensils, napkins, and/or salt and pepper packets). 

Food Delivery Platform Requirements

If using a third-party delivery platform or online ordering system, food facilities can only provide single-use foodware items or condiments if requested by the customer during the online ordering process (e.g. selecting a check box or specifically requesting in the special instructions).

What is a “Food Facility?”
Per California Public Resource Code, a “food facility” is defined as:

(a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:

(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.

(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. 

(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following*:

(1) Public and private school cafeterias (does not apply to AB 1276)

(2) Restricted food service facilities

(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c) (does not apply to AB 1276)

(4) Commissaries

(5) Mobile food facilities

(6) Mobile support units

(7) Temporary food facilities

(8) Vending machines

(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375

(11) Fishermen’s markets

(12) Microenterprise home kitchen operations

(13) Catering operation

(14) Host facility

What are the Local Ordinances?

To date, there are multiple cities in Southern California that have various plastics reduction ordinances. Listed below are several ordinance references. For more information on these laws, please visit the specific city’s webpages. Additional resources and information on ordinances can be found at ReusableLA.org.

Los Angeles City – Plastics Reduction Ordinances

• Food and beverage facilities may provide disposable foodware accessories and condiment packets to a dine-in or take-out customer ONLY if the customer requests them. Food or beverage facilities may not automatically provide disposable foodware accessories to drive-through or delivery customers, but may ask those customers if they want one.
• Food and beverage facilities are prohibited from having foodware accessory dispensers that are accessible by the customer.
• Businesses and retail establishments are prohibited from distributing, offering, providing, renting, or selling to any person any foam product, any food or beverage in any foam product, or any shipping or packing material that contains foam.
• Businesses and retail establishments are prohibited from offering or providing plastic single-use carryout bags to customers. Businesses and retail establishments can either offer or provide recyclable paper bags or reusable bags to customers for carryout.
• Microgrant opportunities: Reusable Foodware Microgrant (lacitysan.org)
• City of Los Angeles Foodware resources can be downloaded at LA.AthensServices.com/signage/

Los Angeles County – Reduction of Waste from Single-Use Articles and Expanded Polystyrene Products 

• Restaurants, bars and other permanent, temporary and mobile food service facilities are prohibited from providing single-use foodware accessories to customers except upon request.
• Full-service restaurants are required to provide reusable utensils and food/drink/condiment containers for dine-in customers.
• Food facilities that serve ready-to-eat food are required to provide compostable or recyclable single-use foodware, such as food containers, cups, dishes, and accessories. 
• Retailers are prohibited from selling products made from expanded polystyrene (also known as “Styrofoam”), such as coolers, packaging materials, and single-use foodware accessories.

Thousand Oaks – Disposable Food Ware 

• Beverage straws and plastic utensils can be provided on request only or at customer self-service locations only when dining at restaurants.
• No food provider shall distribute or sell any polystyrene disposable food ware in conjunction with the sale of prepared food or beverages at any location within the City of Thousand Oaks.

West Hollywood – Plastic Ordinances

• Restaurants, retail vendors, food packagers, retail food vendors, and non-profit food vendors are prohibited from distributing and selling polystyrene food packaging.
• Food facilities are prohibited from providing non-compostable single-use foodware accessory items to consumers.

Best Practices

Athens is here to help you navigate these new requirements and support the community.

• Inform and train staff that items must be requested by the consumer, not provided by default
• Post informational signage to let consumers know they can ask for what they need
• Eliminate bundled single-use items
• Consider providing refillable bulk dispensers for condiments. Self-serve stations are allowed* as long as items are not bundled or wrapped.
• Update online ordering menus to allow consumers to request each available accessory or condiment
• Review and share our online What Goes Where Guide for proper separation practices

*Verify whether your local jurisdiction permits single-use foodware and condiments at self-serve stations, as local ordinances take precedence over state legislation. For instance, the City of Los Angeles prohibits these items at self-serve stations.