Utensils-On-Request: San Jose vs Sunnyvale
How do utensils-on-request rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
San Jose, CA
Santa Clara County
California Assembly Bill 1276 (Health and Safety Code Section 42271) prohibits food-service businesses statewide from automatically providing single-use foodware accessories, requiring customer request first. San Jose enforces alongside SJMC Chapter 9.10 single-use foodware rules.
View full San Jose rules →Sunnyvale, CA
Santa Clara County
California AB-1276 (Health and Safety Code §42270 et seq.) prohibits full-service and takeout food facilities from providing single-use utensils, straws, or condiment packets unless requested by the customer. Santa Clara County DEH enforces locally.
View full Sunnyvale rules →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| State law | AB-1276 (HSC 42270-42274) | - |
| Effective date | 2022 for large chains | June 1, 2022 |
| Local code | SJMC Chapter 9.10 | - |
| Online orders | Explicit opt-in required | - |
| Local enforcer | Environmental Services | Santa Clara County DEH |
| State statute | - | Cal. H&S Code §42270 |
| Covered items | - | Utensils, straws, condiments |
| Fine cap | - | $25/day; $300/year max |
Highlighted rows indicate differences between cities.
San Jose FAQ
Can a restaurant put utensils in a self-service area?
Yes. AB-1276 allows self-service dispensers where customers grab their own utensils, straws, and condiments. Restaurants just cannot pre-bundle these items in takeout orders without a request.
Does the rule apply to delivery apps?
Yes. Online ordering and delivery platforms must require an explicit customer opt-in for single-use accessories under AB-1276. Default 'include utensils' settings are prohibited statewide.
Sunnyvale FAQ
Does AB-1276 apply to grocery delis and food trucks in Santa Clara County?
Yes. Any permitted food facility serving prepared food, including grocery delis, food trucks, and ghost kitchens, must follow the on-request rule. The DEH treats them all as covered facilities under California Retail Food Code definitions.
Can I still grab utensils from a self-service station?
Yes. Self-service utensil dispensers in dine-in areas remain legal because the customer chooses to take them. The ban applies only to staff-driven default packaging in takeout, delivery, and drive-through bags.
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