Orange County, CA Single-Use Items: Utensils-On-Request (2026)
Key Facts
- State law
- CA AB 1276
- Effective
- June 1, 2022
- Covers
- Utensils, napkins, condiments
- Annual cap
- $300
Summary
California AB 1276 requires OC food facilities to provide single-use utensils, napkins, stirrers, and condiment packets only when customers request them or affirmatively select them at self-serve kiosks.
Single-Use Foodware Accessories and Condiments [42270 - 42273] ( Heading of Chapter 5.2 amended by Stats. 2021, Ch. 505, Sec. 1. ) 42271. (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 fro
Full Breakdown
Assembly Bill 1276 (2021) extended the straws-on-request principle to all single-use foodware accessories: utensils, stirrers, splash sticks, cocktail picks, napkins, and condiment packets. Effective June 1, 2022, OC restaurants, food trucks, ghost kitchens, and third-party delivery apps may not bundle these items automatically. The customer must check a box, ask, or self-serve from a dispenser. The rule covers dine-in, takeout, and delivery. Food facilities with fewer than 20 employees got an extra year to comply. Violations are first warned, then cited under local code enforcement, with fines escalating from $25 to $300 per day.
Violations & Fines
First and second violations in a year are warnings. Third violation triggers a $25 fine per day, second offense $50, third $100, capped at $300 in any calendar year.
Frequently Asked Questions
Does the rule apply to grocery store deli counters?
Can OC delivery apps add a default utensil checkbox?
Sources & Official References
- [1]CA AB 1276
Other rules in Orange County
California rules heatmap·Compare Orange County to another location·View the California single-use items overview
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