Single-Use Plastic Foodware Accessories (AB 1276)

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Resolution 5097-2022 designates the City as the enforcement agency for Assembly Bill 1276, which prohibits a food facility, for on-premises dining or when using a third-party food delivery platform, from providing any single-use foodware accessory or standard condiment packaged for single use to a consumer unless requested by the consumer. The bill, which went into effect on January 1, 2022, defines a "single-use foodware accessory" as utensils, chopsticks, condiment cups and packets, straws, and stirrers that are used once and then discarded. 

AB 1276 also prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item they want. AB 1276 does not apply to health care facilities, residential care facilities, and public and private school cafeterias. A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. 

AB1276 Fact Sheet p1

AB1276 Fact Sheet p2