AB-1276

Under this state law, food or beverage facilities may provide disposable foodware accessories and condiment packets to a dine-in or take-out customer only if the customer requests them. An exception is that food or beverage facilities may ask a drive-through customer if they want a single-use foodware accessory if it would be needed for the customer to consume the ready-to-eat food, or to prevent spills or safely transport ready-to-eat food.

This law also applies when ordering food or beverages from an online ordering platform (e.g., Grubhub, DoorDash, Uber Eats, etc.). Customers will need to "opt-in " when placing an online order to request disposable foodware accessories. Any customer who does not "opt-in", should not receive disposable foodware accessories with their order.

The City of Cupertino is in the process of creating a single-use foodware ordinance that proposes going beyond AB 1276 to move away from single-use plastic foodware, require fiber-based cups and containers for take-out, and require reusable foodware for dining in. Learn more about that ordinance at engagecupertino.org/single-use-plastics.

What types of foodware are only by request?

"Single-use foodware accessory " means all of the following single-use items provided alongside ready-to-eat food:

  • Utensils, which is defined as forks, knives, spoons, and sporks
  • Chopsticks
  • Condiment cups and packets
  • Straws
  • Stirrers
  • Splash sticks
  • Cocktail sticks

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

Why does this matter?

Reason for the Ordinance
Approximately 40 billion disposable plastic utensils, along with millions (maybe billions) of other foodware accessories, are disposed of every year in the United States, sometimes without being used. What a waste! Because of their small size, and the materials that they are made of, these items are difficult or not economically feasible to recycle. Many of these items are also littered, contributing to visual blight on our city streets and posing threats to both land and marine wildlife.

The City of Cupertino is in the process of creating a single-use foodware ordinance to address these issues.

What does this law require exactly?

In order to reduce the amount of waste created from single-use items the retail food industry is now required to:

  1. Only provide single-use accessories to consumers upon request
  2. Only provide single-use accessories required to eat the ready-to-eat food
  3. No bundling of single-use accessories or condiments
  4. A third-party delivery platform shall provide consumers with the option to request single-use accessories
  5. A food facility that uses a third-party platform shall customize their menu with a list of available single-use accessories or condiment. Only those items chosen by the consumer will be delivered. If no single-use accessories or condiments are requested none will be provided
  6. Unwrapped single-use foodware accessories that are self-serve, standard condiments that are self-serve, and/or bulk dispensed condiments may still be used
  7. Exception: single-use foodware items may be offered at drive-throughs or to customers at airports if needed to eat or prevent spillage of the ready-to-eat food

FAQ's

Does this impact my business?

The following types of businesses are examples of food facilities includes in AB 1276:

  • Restaurants
  • Take-out food delivery services
  • Coffee shops
  • Caterers
  • Cafeterias
  • Grocery stores
  • Delis
  • Event venue concessions
  • Mobile food vendors
  • Certified farmers markets

The law does not apply to the following:

  • Correctional institutions
  • Licensed health care facilities
  • Residential care facilities
  • Public and private school cafeterias

I was served unwanted foodware or condiments, how can I report it?

Please report any unwanted foodware or condiments to our team at environmental@cupertino.org or call 408.777.3236.

What will enforcement look like?

The City's foodware team is here to help facilities and will always begin with education as assistance via in-person visits and follow-up communication.

My business needs help, who can I contact?

Cupertino's Environmental Programs division is here to help. Please contact us at environmental@cupertino.org or 408.777.3236

Is bundling of accessories allowed?

No. Under AB 1276 bundling or packaging foodware accessories or condiments in a way that prevents a consumer from selecting only the item(s) they desire is prohibited.

Are self-serve stations still allowed?

Yes, providing consumers access to disposal foodware and condiments is still allowed as long as the items are provided separately (i.e., no bundling).

How does this new regulation impact customers of food facilities?

The only impact to customers is they now need to specifically request disposable foodware or condiments when ordering in person or through a third-party food delivery platform. Drive-through patrons will now be offered suitable foodware accessories by attendants instead of being automatically provided them.

How does this new regulation impact third party online delivery platforms?

A third-party delivery platform shall provide consumers with the option to request the single-use accessories offered by a food facility.

What about other single-use plastics?

View Cupertino's municipal code about other single-use items.
Chapter 9.17: Regulation of Single-Use Carryout Bags
Chapter 9.15: Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware

Additional regulation may go into effect with the adoption of the proposed Single-Use Plastics Foodware Ordinance

Where can I learn more?

Read the full assembly bill here.

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