Single-Use Foodware Legislation

Governor Gavin Newsom signed into law Assembly Bill 1276, which took effect January 1, 2022, and is available for public review (PDF).

The new law changes the Public Resource Code in the area of single-use food accessories and standard condiments. This is an addition to the single-use plastic straws law.  More information can be found in the AB 1276 Fact Sheet [PDF].

Summary of the Changes

Disposable foodware items include:

  • Utensils, which are defined as forks, knives, spoons, and sporks
  • ChopsticksUtensils
  • Condiment cups and packets**
  • Straws
  • Stirrers
  • Splash sticks
  • Cocktail sticks

**Condiments include relishes, spices, sauces, confections, or seasoning that require no additional preparation

New Requirements for Restaurants and Food Facilities:

  • Only provide disposable items to consumers upon request
  • Only provide disposable items required to eat the ready-to-eat food
  • No bundling of disposable items or condiments
  • Only offer those disposable items needed to eat or prevent spillage of the ready-to-eat food at a drive-through
  • A third-party delivery platform (i.e., Uber Eats, Grubhub) shall provide consumers with the option to request disposable items
  • A food facility that uses a third-party platform shall customize their menu with a list of available disposable items or condiments. If no disposable items or condiments are requested, none will be provided


The City of Morgan Hill can start enforcing as of June 1, 2022
(SMC 5.39-Environmentally acceptable food containers and service ware):

  • First violation can carry a fine up to $100
  • Second violation can carry a fine up to $200
  • Third violation can carry a fine up to $500
  • A fine may be imposed for each day a violation occurs

Foodservice Display Material

AB 1276 Postcards [PDF] are available for Morgan Hill foodservice businesses to display or distribute to customers.