Berkeley restaurants and delivery platforms may only provide disposable utensils, straws, condiments, and napkins when customers explicitly request them, in line with state AB 1276 and stricter local rules.
California AB 1276 (Public Resources Code section 42271) bans full-service and quick-service restaurants statewide from automatically providing single-use utensils, condiments, and napkins, including with delivery and takeout. Berkeley's Disposable Foodware and Litter Reduction Ordinance (BMC Chapter 11.60) goes further, requiring that all accessory items, including straws, be available only upon explicit customer request and that delivery platforms include opt-in checkboxes rather than default selections. Auto-included accessories are banned regardless of order channel. Restaurants must also choose certified compostable accessory items.
Restaurants and delivery apps that auto-include accessory items face Berkeley administrative fines under BMC Chapter 11.60 and potential state penalties under AB 1276 enforced by CalRecycle.
See how other cities in Alameda County handle utensils-on-request.
See how Berkeley's utensils-on-request rules stack up against other locations.
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