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Foodware exceptions

Reusable foodware ordinances are designed to reduce single-use plastic waste. There are exceptions to these ordinances to ensure practicality.

Temporary foodware exceptions

This list will be reviewed and updated annually by the County. When a compliant alternative to a product becomes available, the County will update this list and the product will be subject to enforcement within six (6) months of list posting. The County will inform food service facilities of updates to this list as a part of regular enforcement activities of the County’s Reusable Foodware Ordinance.

Takeout containers

"Takeout Food" means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the Food Vendor.

Exemptions for Takeout Food:

  • Hot/cold cups (beverage cups/hot soup containers)
  • Hot/cold cup lids
  • Rotisserie Grease Resistant Bags
  • Bottled Juice/Clear Beverage Bottles (ONLY for beverages made on-site) Grab n go containers

Please note: Containers used for premade "grab n go" packaged food items that are placed out for sale on the sales floor are exempt.  

Examples:

  • Rotisserie Dome Containers 
  • Food Storage Containers 
  • Sandwich Wedge containers
  • Sushi Trays (there are to-go containers that are compliant for sushi)
  • Baked Goods containers (there are to-go boxes that are compliant)

Last Updated: 4/1/24 

25¢ cup charge rule and exception

All customers must pay a 25-cent fee for every non-reusable cup (compliant or not). This fee must be separately identified on all receipts, menu boards, and ordering devices. You must also describe the charge to customers ordering by phone.

Cup fee is waived for:

  • Customers with a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC).
  • Customers with an electronic benefit transfer card (EBT).
  • Customers who have an agreement with the food vendor to supply their own container.

When providing compostable foodware

We have rules to help avoid waste. But sometimes rules work better with reasonable exceptions.

Provide foodware accessories upon request only

Food vendors can only provide single-use products upon request or at self-serve stations. These include:

  • napkins, toothpicks, stirrers, cocktail sticks
  • cup sleeves, beverage trays
  • condiment containers, straws

Exceptions

  • Food vendors and delivery services may provide lids, spill plugs and sleeves without a customer request.
  • Food vendors can provide natural fiber straws to drive-thru customers without a specific request.

No plastic straws exception

  • Hospitals may provide plastic straws to patients.
  • Food facilities may provide plastic straws to customers with access needs.

Related

Page last updated on December 11, 2024.