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San Jose, CA Single-Use Items: Plastic Straw Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State statute
California AB-1884 (2019)
Local chapter
SJMC 9.10
Coverage
Full-service dine-in restaurants
On-request rule
Plastic straws only if asked
Accessibility
Disability accommodations preserved

Summary

California AB-1884 prohibits dine-in restaurants from automatically providing plastic straws unless requested, and San Jose layers SJMC Chapter 9.10 single-use foodware rules pushing toward compostable or paper alternatives.

(b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code. (c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code. (d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

Source: San Jose Municipal CodeView official code

Full Breakdown

California AB-1884, effective 2019, prohibits full-service restaurants from automatically providing plastic straws to customers; straws may only be supplied on request. San Jose enforces this rule alongside its broader Single-Use Foodware Ordinance under SJMC Chapter 9.10, which targets disposable foodware accessories more broadly and pushes restaurants toward compostable or paper alternatives. Quick-service and takeout vendors are not directly covered by AB-1884 but face local pressure through procurement and waste rules. Customers retain the right to request a plastic straw, and accessibility accommodations for people with disabilities are preserved. Schools, hospitals, and city facilities follow stricter zero-waste procurement standards.

Violations & Fines

Full-service restaurants automatically distributing plastic straws receive a warning for the first two violations; subsequent violations bring administrative fines around 25 dollars per day capped at 300 dollars annually under AB-1884.

Frequently Asked Questions

Can I still get a plastic straw at a San Jose restaurant?
Yes. AB-1884 allows plastic straws on customer request at dine-in restaurants. Servers cannot automatically place them on the table or in drinks without you asking first.
Does the rule apply to fast-food drive-throughs?
AB-1884 specifically covers full-service dine-in restaurants. Quick-service and drive-through vendors are not directly regulated by the state straw rule, but local SJMC 9.10 foodware rules apply.

Sources & Official References

Other rules in San Jose

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All San Jose rules

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