California Assembly Bill 1276 (Health and Safety Code Section 42271) prohibits food-service businesses statewide from automatically providing single-use foodware accessories, requiring customer request first. San Jose enforces alongside SJMC Chapter 9.10 single-use foodware rules.
California AB-1276, codified at Health and Safety Code Sections 42270-42274, prohibits food-service facilities from automatically providing single-use foodware accessories such as utensils, straws, stirrers, condiment cups, lids, and napkins to dine-in or takeout customers. Items may only be given upon customer request, by self-service dispenser, or for accessibility accommodations. Online platforms must require explicit opt-in. The law took effect for facilities with 20+ locations in 2022 and applies broadly statewide. San Jose's SJMC Chapter 9.10 single-use ordinance has paralleled and complemented AB-1276 requirements. Enforcement is locally administered by code enforcement and the Environmental Services Department, with first-warning then escalating fines.
Automatically bundling plastic utensils with takeout, providing accessories without a customer request, or failing to honor disability accommodation rules triggers warnings, then escalating administrative fines under California Health and Safety Code Section 42272 and SJMC Chapter 9.10.
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See how San Jose's utensils-on-request rules stack up against other locations.
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