Laws & Rules

Reusable Foodware Ordinance

ATTENTION Oakland Restaurants, Cafes, Food Trucks, and Other Food Vendors

Let’s reduce litter and plastics in our environment with reusable foodware!

In Oakland, food vendors must follow certain rules regarding reusable foodware (like glass cups and ceramic plates) and foodware accessories (like ketchup packets and plastic utensils).

REUSABLE FOOWARE =

SINGLE-USE FOODWARE =

OAKLAND FOOD VENDORS, watch this short video for a summary of the rules – also described below.

OAKLAND RESIDENTS, watch this short video to learn how you can help.

2. DINE-IN SERVICE: CONDIMENTS FROM BULK CONTAINERS

For dine-in service, condiments must be provided in reusable containers or in bulk single-use containers.

3. TO-GO ORDERS (including food-delivery apps): SINGLE-USE ITEMS UPON REQUEST ONLY + NO BUNDLING

For to-go orders, single-use foodware accessories – like 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.

These requirements are also state law AB 1276.

SINGLE-USE ITEMS SIGNAGE

To help businesses notify their customers of this rule, the City has developed a Single-Use Items Upon Request sign – available in English, Chinese, Spanish, and Vietnamese.

Click on images below to print and post or request a hardcopy by emailing recycling@oaklandca.gov

4. TO-GO ORDERS: CUSTOMER-PROVIDED REUSABLES

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.

5. TO-GO ORDERS: ACCEPTABLE SINGLE-USE FOODWARE

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

For to-go orders, Oakland food vendors may only use single-use foodware products that are:

• Not made of polystyrene foam* (or “Styrofoam”),
• Not made of “compostable plastics”/bio-plastics (including PLA-lined cups), and
• Certified as free of High Priority Toxic Chemicals**

*Polystyrene foodware is also prohibited statewide under SB54.

**High Priority Toxic Chemicals includes PFAS and those listed under California’s Prop 65. If fewer than three options by foodware product type (e.g., single-use cups) are available, this requirement does not apply for the specific foodware product type. Currently, no foodware product type has three certified vendor options, therefore a food vendor may use any single-use foodware item as long as it is NOT made of polystyrene foam or compostable plastic (including PLA-lined cups).

SUGGESTED SINGLE-USE FOODWARE

The City has a list of suggested single-use foodware that are free of harmful food packaging chemicals – available here. This list will be updated annually.

6. REUSABLE CUPS AT LARGE EVENTS AND VENUES

Reusable foodware rules apply to large events* and large venues* in Oakland.

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.

REUSABLE FOODWARE LAW BACKGROUND

The City of Oakland (City) adopted the Reusable Foodware Ordinance (Ordinance) in December 2023.

The Ordinance applies to Oakland food vendors that sell prepared food — including restaurants, cafes, bars, delis, fast-food establishments, caterers, food trucks, and event food booths. City facilities must also follow these requirements.

The rules do not apply to hospitals, public agencies, public and private schools, senior centers, prisons, or jails.

View the OFFICIAL NOTICE LETTER to businesses here.

AVISO OFICIAL: ENTRADA EN VIGOR DE LA NUEVA LEY DE UTENSILIOS DE COCINA REUTILIZABLES

官方通知：新的可重複使用餐具法律生效 接收此函中文版本，請造訪

THÔNG BÁO CHÍNH THỨC: LUẬT VỀ DỤNG CỤ ĂN UỐNG VÀ ĐỰNG THỰC PHẨM CÓ THỂ TÁI SỬ DỤNG MỚI CÓ HIỆU LỰC

FREQUENTLY ASKED QUESTIONS

How are the Reusable Foodware Ordinance 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.

Are waivers available for some or all of the Ordinance requirements?

Food vendors may request a full or partial waiver for:

• Reusable Foodware for Dine-in Service requirements (Item 1 above) and/or
• Acceptable Single-use Foodware requirements (Item 5 above)

The City is currently developing a waiver application. The waiver application will be available here – please check back for updates.

If you need help determining whether or not your business needs a waiver, or if you would like free assistance from a City representative on how to comply with Ordinance requirements, please contact the City’s Recycling Hotline at recycling@oaklandca.gov.

How is reusable defined?

Reusable foodware is defined as being able to be sterilized in a commercial washer at least 780 times (CCR 17989.3).

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