California AB 1276 and Oakland's Zero Waste rules require restaurants to provide single-use utensils, straws, condiment packets, and napkins only when a customer asks or opts in.
Public Resources Code section 42271, added by AB 1276, prohibits California food facilities from automatically including single-use foodware accessories such as utensils, straws, condiment packets, stirrers, and cocktail picks with prepared food. Customers must affirmatively request these items, including for delivery and takeout orders. Oakland incorporates this opt-in rule into its Zero Waste program and aligns enforcement with Alameda County StopWaste outreach. Self-serve dispensers are allowed where customers can take items individually rather than receive them by default in a bundle.
Pre-bundling utensils or auto-including straws in delivery orders can produce written warnings, fines after a grace period, and continued monitoring during routine inspections.
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