Berkeley's 2019 Disposable Foodware and Litter Reduction Ordinance was the first US rule requiring restaurants to use certified compostable foodware, charge 25 cents per disposable cup, and offer reusables for dine-in.
Berkeley Municipal Code Chapter 11.60, the Disposable Foodware and Litter Reduction Ordinance, took effect in 2019 and was the first US ordinance to require restaurants to use BPI-certified compostable disposable foodware, prohibit polystyrene foam and most fluorinated chemicals (PFAS) in containers, and charge customers a 25-cent fee for every disposable beverage cup. Dine-in service must use durable reusable foodware. Accessory items such as utensils, straws, and napkins are upon-request only. Berkeley dedicates ordinance revenue and grants to help small businesses transition to reusables, dishwashing equipment, and certified compostables.
Restaurants serving in non-compostable disposables, skipping the 25-cent cup fee, or using polystyrene face escalating administrative fines, with operators eligible for compliance assistance before penalties apply.
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See how Berkeley's takeout containers rules stack up against other locations.
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