Plano does not require restaurants to withhold plastic utensils, napkins, or condiment packets unless requested. Texas state preemption of container and packaging rules blocks any local upon-request mandate similar to those in California or Washington.
Cities in California and other states require food establishments to provide single-use plastic utensils, stirrers, and condiment packets only when a customer requests them, especially for delivery and drive-through orders. Texas Health and Safety Code Section 361.0961 preempts local solid waste regulation of containers and packages, and the Laredo Merchants ruling makes a Plano upon-request mandate legally untenable. Plano food establishments may voluntarily default to no utensils for app delivery orders, ask customers at checkout, or offer reusable in-house service. Many national chains apply upon-request policies platform-wide and will continue to do so in Plano even without a local requirement.
No local fines apply to bundling utensils with takeout. Restaurants making business decisions to switch are not penalized either, since the city does not regulate this aspect of packaging.
See how other cities in Collin County handle utensils-on-request.
See how Plano's utensils-on-request rules stack up against other locations.
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