Ordinance Basics | Compliance | Exemptions | Business Resources |
Purpose | Single-use Articles | Exempted Scenarios | Compliant Product Suppliers |
Key Provisions | Permitted Materials | Waiver Application | Early Adopter Program |
Impacted Businesses | Prohibited Materials | Additional Resources | |
Commission Meetings | Frequently Asked Questions |
ORDINANCE BASICS
WHAT IS THE PURPOSE OF THE ORDINANCE?
Single-use plastic foodware and expanded polystyrene (e.g., Styrofoam) products comprise a significant proportion of the City's waste production, dominating our landfills. Such items also pollute our streets, critical waterways, and local ecosystems, breaking down into hazardous microplastics that accumulate in perpetuity. Additionally, producing conventional plastics and expanded polystyrene depends on extracting and processing fossil fuels, resulting in significant greenhouse gas emissions.
The ordinance intends to curtail these environmental and human health impacts by reducing the distribution and disposal of single-use plastic and expanded polystyrene items.
City Council adopted the ordinance on March 18, 2024
Public Works hosted a virtual workshop on February 26, 2024, and introduced the ordinance to the City Council during its March 11, 2024, study session
Access the City's draft ordinance here
View our business fact sheet for an ordinance overview (also available in Spanish)
WHAT ARE THE KEY PROVISIONS?
- Food facilities cannot provide single-use articles to customers with ready-to-eat food, including cutlery, straws, and containers, unless they are compostable or recyclable. This requirement also applies to food trays and egg cartons.
- Retail establishments cannot sell, rent, or offer expanded polystyrene products to customers.
- Third-party online food ordering businesses must allow food facilities to indicate which single-use foodware accessories they offer and allow customers to select which accessories, if any, will be included with their order.
- Full-service restaurants may only provide multiservice utensils to customers for consumption on the premises.
WHO IS IMPACTED?
Food Facility - any operation that provides food for human consumption at the retail level and operates within the City or a City facility |
|||
Category 1 Comply by March 18, 2025 |
Category 2 Comply by Sept. 18, 2025 |
Category 3 Comply by March 18, 2026 |
|
|
|
Mobile food facilities
|
|
Third-party online food ordering business - a service that operates an online platform for customers to order ready-to-eat food that is prepared or sold by food facilities
Full-service restaurant - a food facility where food may be consumed on the premises, meaning a customer is directed to an assigned seating area and, except for items included in a buffet or salad bar, food and beverage orders are delivered directly to the customers
Retail establishment - any commercial establishment located within the City that sells goods directly to customers primarily for their own consumption or use
COMMISSION MEETINGS
All relevant Public Works Commission meeting agendas and recordings are available below:
January 25th, City Council Liaison / Public Works Commission Committee Meeting
November 9th, 2023, Public Work Commission Meeting
October 12th, 2023, Public Works Commission Meeting
COMPLIANCE
WHAT IS A SINGLE-USE ARTICLE?
A single-use article is any disposable foodware item used to serve, consume, transport, or contain food and beverages. This term includes plates, bowls, clamshells, pizza boxes, cups, trays, egg cartons, and wrappers, among other items. It also includes single-use foodware accessories provided alongside ready-to-eat food, such as forks, knives, spoons, chopsticks, straws, stirrers, spill plugs, hot beverage sleeves, cup lids, napkins, and condiment containers.
In contrast, multiservice utensils are foodware items designed to be cleaned and reused and are only required for full-service restaurants.
WHAT MATERIALS DOES THE ORDINANCE ALLOW?
The ordinance only permits compostable and recyclable single-use articles, as accepted by the City's waste hauler, and prohibits the sale of all expanded polystyrene products. A Compostable item will promptly and safely break down into non-toxic organic matter (compost), and conforms to the following requirements:
|
Example compostable items |
Recyclable items can be diverted from landfills and then feasibly salvaged, processed, and returned to use by society, with the following criteria:
- Plastic and expanded polystyrene single-use articles are NOT considered recyclable.
- Aluminum, unlined paper, glass, and beverage containers with a CRV value are recyclable.
Download and view our list of Compliant Single-use Articles to help transition your foodware.
This list is only intended to provide initial guidance and is not representative of all compliant products. The Department of Public Works will continue to update the list.
Prices and links are subject to change. See the last column for the date each product was updated.
WHAT MATERIALS DOES THE ORDINANCE PROHIBIT?Prohibited items are non-compostable and non-recyclable. These include:
|
Example prohibited items |
EXEMPTIONS
WHAT SCENARIOS ARE EXEMPTED?
The prohibition of non-compostable and non-recyclable single-use articles does not apply to single-use articles that are:
- Included with ready-to-eat food that is pre-packaged at a location outside of the premises of the food facility
- Provided in response to an emergency that is declared or ratified by the City, County, State, or federal government
- Provided by health facilities to patients with ready-to-eat food during the course of treatment
- Provided as reasonable accommodations to persons with disabilities who request them
The ordinance also does not cover beverage containers subject to the California Redemption Value (CRV), expanded polystyrene-based products encased in a more durable material, or products pre-packaged outside the City using expanded polystyrene as part of the packaging material.
Additionally, full-service restaurants may provide single-use foil wrappers, napkins, straws, and placemats to dine-in customers so long as they are compostable or recyclable. To-go accommodations from full-service restaurants must also adhere to single-use article requirements.
CAN I APPLY FOR A WAIVER OR EXTENSION?
If complying with the ordinance will constitute an undue hardship for your business, you may apply to the Director of Public Works to waive the requirements for up to one year while you work to achieve compliance. Instances of undue hardship include a lack of dishwashing capacity for dine-in reusables, extraordinary financial strain, purchases of non-compliant products before receiving notice of the ordinance, or specific food-service applications for which no compliant articles can be feasibly used.
Access and submit the application here: Waiver Application
BUSINESS RESOURCES
Compliant Product Suppliers
Download and view our list of Compliant Single-use Articles to help transition your foodware.
In addition to viewing our list of compliant products, you can visit the following sources to find additional items. Please note that these vendors also sell non-compliant single-use articles.
These lists are only intended to provide initial guidance and are not representative of all compliant products or suppliers.
EARLY ADOPTER PROGRAM
The City seeks to collaborate with businesses to educate them about new requirements and facilitate this transition. As such, it is administering an Early Adopter Program to encourage compliance with the ordinance before it goes into full effect. The Program focuses on small food facilities, providing qualifying businesses with a one-month supply of compliant single-use articles, including containers, cutlery, and straws.
A qualified business must meet the qualified criteria;
- Is a brick-and-mortar food facility in the City
- Has fewer than 26 employees
- Has fewer than 20 tables for dine-in service
- Is currently using plastic or expanded polystyrene single-use articles for food service
- Can demonstrate financial hardship incurred from complying with the ordinance
- Is in good standing with the City, meaning it has paid business license fees and does not have any local or state environmental violations
- Commits to signing up for the Green Business Program
Access and submit the application here: Early Adopter Program Application
ADDITIONAL INFORMATION & Resources
The following sites provide guidance and educational materials for plastic-free businesses: