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Fresno, CA Single-Use Items: Utensils-On-Request (2026)

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

Key Facts

State law
Cal. Pub. Res. §42271
Effective date
June 2022
Items covered
Utensils, condiments, napkins
Delivery apps
Must offer opt-in

Summary

California AB 1276 (Public Resources Code §42271) requires Fresno restaurants and food delivery platforms to provide single-use utensils, condiments, and napkins only upon customer request.

(a) Except as provided in subdivisions (c) and (d), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer. (b) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

Source: Cal. Public Resources Code §42271View official code

Full Breakdown

California Public Resources Code §42271 (AB 1276, effective 2022) prohibits Fresno food facilities, including dine-in restaurants, takeout counters, and third-party delivery services like DoorDash and Uber Eats, from automatically including single-use foodware accessories such as utensils, chopsticks, condiment packets, cocktail picks, splash sticks, or stirrers. Customers must specifically request these items, either in person or through an opt-in checkbox at online checkout. The law aims to reduce takeout plastic waste. The first two violations result in warnings; further violations carry $25 daily fines capped at $300 annually per facility.

Violations & Fines

First two violations are warnings only. Each subsequent violation incurs up to $25 daily, capped at $300 annually per facility under Cal. Pub. Res. Code §42271.

Frequently Asked Questions

Can DoorDash automatically add utensils?
No. Third-party delivery platforms must offer an explicit opt-in checkbox for single-use utensils and accessories. Default-on inclusion violates AB 1276.
Does this apply to grocery store delis?
Yes. Any food facility serving prepared food, including grocery deli counters and convenience stores, must comply with the on-request rule.

Sources & Official References

Other rules in Fresno

All Fresno rules

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