Laws & Rules
What every business and residence needs to know about city, county and state laws and regulations.
Mandatory Weekly Recycle, Compost, and Trash Removal
Oakland Municipal Code Chapter 8.28 mandates all businesses, multifamily properties and single family homes subscribe to weekly recycle, compost, and trash collection that matches waste generation levels.
- All recycle, compost and trash discards must be stored in a watertight container(s) of sufficient size and capacity to hold all material between weekly service.
- It is unlawful for any person to put waste from their business or home in, on top of, or alongside the street litter containers placed in the sidewalk area. Street litter containers are for use by pedestrians depositing small waste carried by them (OMC 8.29.160).
- It is unlawful for any person to illegally dump or improperly dispose of waste matter (OMC 8.11.310). City, County, and State law mandate waste is sorted properly into recycle, compost, and trash containers.
These codes and laws exist to minimize litter and maximize the use of natural resources and reduce methane emissions that occur when organic material like paper, food scraps, and plant debris are buried in a landfill.
State and Local Recycling and Composting Laws
State law SB 1383 requires everyone in California to keep organic waste like food, plant debris, and cardboard out of the landfill. The City of Oakland’s 2030 Equitable Climate Action Plan establishes reducing organic material headed to landfill by composting organic waste and increasing the recovery of edible food as key strategies to minimize the acceleration of climate change.
Alameda County Waste Management Authority will take a lead role in Oakland to enforce compliance with SB 1383 and their Organics Recovery and Recycling Ordinance (ORRO). Full information on requirements for compliance with ORRO can found here along with resources to help you comply.
Basic ORRO compliance requirements for businesses/multifamily properties:
Your site must:
- Subscribe to curbside compost and recycle collection service in addition to trash.
- Place color-coded and labeled compost and recycle containers next to all indoor trash containers (excluding restrooms).
- Sort materials into the proper carts/bins.
- Compost: Food scraps, compostable paper, and plant debris
- Recycle: Cardboard, paper, bottles, and cans
- Trash: Do not place trash into the compost or recycle carts/bins
- Educate employees, contractors, tenants, and students about the law at least annually.
- Periodically inspect bins and provide feedback to employees and contractors about incorrectly placed items.
- Commercial property managers: Inform tenants no later than 14 days after move-in and at least 14 days prior to move-out about the rules.
- Some businesses that generate surplus edible food—such as grocery stores, food distributors, and large restaurants—must have a written agreement with a food recovery organization or service to donate edible surplus food to feed people.
Tools to Help You:
- Contact WMAC to set up trash or compost collection and visit our list of recycle service providers.
- Watch a short how to video on setting up compost and recycle containers in your business, use the indoor bin setup guide to assess internal container needs, and request free indoor compost containers.
- Request free posters and container decals at oaklandrecycle@oaklandca.gov or create custom signage. Post signage above containers, guiding users on what goes where.
- Share this training video at least annually or when on-boarding new staff.
Learn more about edible food recovery requirements and find tools to help with compliance if this requirement applies to your business.
Edible Food Recovery
Donating edible food helps people and our planet!
Under state law SB 1383 and Oakland Municipal Code Chapters 8.28.144 and 8.28.145, certain food-generating businesses in Oakland are required to donate surplus edible food to food recovery organizations. This way, surplus edible food is used to nourish people in our communities instead of being sent to a landfill where harmful greenhouse gas emissions (methane) are generated. All Oakland businesses with surplus edible food are encouraged to donate excess food even if it’s not required.
Which Oakland businesses need to comply with the food recovery law?
- Restaurants (>5,000 sq. ft. or 250+ seats)
- Large supermarkets ($2M+ gross annual sales)
- Grocery stores (>10,000 sq. ft.)
- Food service providers
- Food distributors
- Wholesale food vendors
- Large health care facilities (100+ beds)
- Large hotels (200+ rooms)
- State agency facilities
- Public schools
- Large venues & special events (2,000+ people/day)
1. Find a food recovery organization to partner with by visiting:
https://resource.stopwaste.org/food-recovery-organizations
2. Have a written agreement with a food recovery organization to donate surplus edible food to feed people and maintain monthly food recovery records.
3. Review additional detailed requirements for compliance by visiting this Alameda County Waste Management Authority (StopWaste) website: https://www.stopwaste.org/rules/donate-surplus-food
Resources
StopWaste representatives provide free phone, email, virtual, and in-person support to help set up a system to recover and donate surplus edible food. Use this link to request help.
Check out the free Careit app! The app allows businesses to post a donation for pick up or drop off. Nonprofits then reserve and rescue donations to feed nearby communities. Careit auto-generates a liability waiver agreement.
Learn more here: https://careit.com/donors/
Reusable and Disposable Foodware Requirements for Oakland Food Vendors
Food vendors in Oakland must follow certain requirements when:
(1) providing disposable foodware and accessories to customers, and
(2) allowing customers to use their own reusable foodware.
Who
has to follow the foodware requirements?
All Oakland food vendors selling prepared food—including
restaurants, cafes, bars, delis, fast-food establishments, and food trucks. All
City facilities must also follow these requirements.
What
are the foodware requirements?
DISPOSABLE FOODWARE (includes single-use/to-go
containers, cups, bowls, utensils, and plates)
For dine-in and take-out orders – Oakland food vendors may only
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*
*PLEASE NOTE: The City is developing a
list of acceptable disposable foodware that is free of toxic food packaging
chemicals. The final list will be available on this website. Please check back
for updates. Until the list is posted, please ensure your disposable foodware
is not made of polystyrene foam or compostable plastic.
If the City determines that there are less than three product
options of a particular type of disposable food service ware or that products
are not commercially available, a food vendor may use any single-use disposable
as long as it is not made of polystyrene or compostable plastics.
DISPOSABLE FOODWARE ACCESSORIES BY REQUEST (includes
single-use straws, stirrers, napkins, utensils, and condiment packets)
For dine-in orders – Oakland food vendors may provide disposable
napkins, cocktail sticks, toothpicks, and stir sticks upon customer
request only.
For take-out orders – Oakland food vendors may provide
disposable straws, napkins, utensils, condiment packets, and other similar
accessories upon customer request only.
REUSABLES TO-GO
For take-out orders – Oakland food vendors must accept and fill
customer provided reusable cups and containers for to-go orders so long as the
customer’s reusables are clean and can hold orders safely.
REUSE FOR DINE-IN STARTING 7/1/2025
Beginning July 1, 2025, Oakland food vendors may only serve food
using reusables for dine-in service.
StopWaste offers free
resources and grants to help businesses switch to reusables for dine-in
service.
Check out what’s available by visiting: https://www.stopwaste.org/at-work/reduce-reuse-repair/reducing-disposable-foodware
Concerned about dishwashing space? See a list of reusable foodware
system and service providers, checkout StopWaste’s list of reusable foodware vendors.
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.
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.
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.
Reusables are the best option for human health and safety and for the environment.
Report Illegal Dumping
Report illegally dumped debris, an active dumper, or ongoing improper use of a street litter receptacle to Environmental Enforcement Officers.
- Use SeeClickFix
- Call 510-615-5566
- Contact the Environmental Enforcement Unit with questions at 510-238-3700 or eeoinfo@oaklandca.gov
Report Illegal Dumping
- Use SeeClickFix
- Call 510-615-5566
- Contact the Environmental Enforcement Unit at 510-238-3700 or eeoinfo@oaklandca.gov