Laws & Rules

Reusable Foodware Ordinance

ATTENTION Oakland Food Vendors

To help reduce litter and plastics in our environment, the City of Oakland (City) adopted a Reusable Foodware Ordinance (Ordinance) in December 2023.

The Ordinance aims to:

1. Reduce the amount of plastic pollution in our environment,
2. Prioritize the use of reusable foodware over single-use disposable foodware, and
3. Ensure single-use foodware is free of harmful chemicals.

FREQUENTLY ASKED QUESTIONS

Who has to follow the Reusable Foodware Ordinance?

Oakland food vendors selling prepared food — including restaurants, cafes, bars, delis, fast-food establishments, food trucks, and event food booths. City facilities must also follow these requirements.

What are single-use foodware and foodware accessories?

Single-use foodware and foodware accessories are designed to be used once then thrown away.

Single-use foodware includes to-go containers, cups, plates, utensils, clamshells, bowls, and condiment cups.

Single-use foodware accessories include straws, utensils, napkins, lids, stirrers, and condiment packets.

What are the reusable foodware requirements?

There are a number of requirements – please scroll down.

1. SINGLE-USE FOODWARE ACCESSORIES UPON REQUEST ONLY

Single-use foodware accessories – including straws, utensils, napkins, lids, stirrers, and condiment packets – may be provided to customers upon customer request or at    self-service stations only.

No bundling of utensils, napkins, and/or condiments allowed.

Rules apply to dine-in, to-go orders, and food-delivery apps.

To help businesses notify their customers, the City has developed an Accessories Upon Request sign. Download here to print and post or request a hardcopy by emailing the City’s Recycling Hotline at recycling@oaklandca.gov.

2. CUSTOMER-PROVIDED REUSABLES FOR TO-GO ORDERS

For to-go orders – food vendors are required to fill customer-provided reusable cups and containers (when requested by customers) so long as the customer’s reusables are clean and can hold orders safely.

3. REUSABLE FOODWARE FOR DINE-IN SERVICE

Starting July 1, 2025, food vendors are required to serve food on reusable foodware (e.g., cups, plates, and utensils) for dine-in service.

4. ACCEPTABLE SINGLE-USE DISPOSABLE FOODWARE

Single-use disposable foodware includes to-go containers, cups, plates, utensils, clamshells, bowls, and condiment cups.

For dine-in and take-out orders – Oakland food vendors may only use single-use disposable foodware products that are:

• Not made of polystyrene foam,
• Not made of compostable plastics/bio-plastics, and
• Are free of toxic food packaging chemicals*

*The City has developed a single-use disposable foodware purchasing guide that lists products that are free of toxic food packaging chemicals. The list is available here.

PLEASE NOTE: If the City determines that there are less than three product options of a particular type of single-use disposable foodware (e.g., single-use cups) or that products are not commercially available, a food vendor may use any single-use foodware item as long as it is not made of polystyrene foam or compostable plastics.

5. REUSABLE CUPS AT LARGE EVENTS AND VENUES

Beginning July 1, 2025, large event* and large venue** operators will be required to establish a reusable beverage cup system for non-packaged beverages like wine from a bottle, fountain soft drinks, or beer from a keg.

Compliance requirements will be phased in over time.

Beginning July 1, 2025, large event and large venue operators must demonstrate to the City that at least 25% of all non-packaged beverages are served from reusable cups.

By January 1, 2027, large event and large venue operators must demonstrate to the City that 100% of all non-packaged beverages are served from reusable cups.

Packaged beverages sold to customers, like canned wine, canned beer, and bottled soda, will remain allowable at large events and venues.

*Large events include any indoor or outdoor event within Oakland that is subject to a City permit and is expected to have more than 500 attendees or participants.

**Large venues mean permanent facilities that seat or serve an average of more than 2,000 individuals per day of operations over the calendar year. Large venues include arenas, performing art centers, theaters, and other public attraction facilities.

Learn more about Oakland event requirements here.

How are the foodware requirements enforced?

Patrons and inspectors report to the City when they see violations.

Businesses receive a Notice of Violation and may receive a fine of up to $500 for repeated violations.

What is the problem with compostable plastics?

In recent years, consumer demand for more eco-friendly alternatives to
conventional plastic single-use disposable foodware has led to a surge in the use of compostable plastics, a type of biodegradable plastic designed to break down into organic matter under specific environmental conditions. Made from
both renewable sources like sugar cane and corn as well as fossil fuels,
compostable plastics are used to make things like disposable utensils, straws, food scrap bin liners, takeout food containers, and cups. However, increasing awareness and emerging research suggest that compostable plastics can pose human health and environmental risks as well as challenges to waste management programs. 

The majority of composters in California along with Oakland’s compost collector, WM, are unable to process these compostable plastics into finished compost products.  The reality that the compostable plastics do not provide the easy environmental solution they promised is disappointing.  Due to the environmental and health concerns connected to compostable plastics, the City has banned the distribution of single-use disposables made from this material. Check out the Problem with “Compostable” Plastics flyer. 

Reusables are the best option for human health and safety and for the environment.

RESOURCES