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San Jose, 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
AB-1276 (HSC 42270-42274)
Effective date
2022 for large chains
Local code
SJMC Chapter 9.10
Online orders
Explicit opt-in required
Local enforcer
Environmental Services

Summary

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.

(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.

Source: SJMC Chapter 9.10View official code

Full Breakdown

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.

Violations & 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.

Frequently Asked Questions

Can a restaurant put utensils in a self-service area?
Yes. AB-1276 allows self-service dispensers where customers grab their own utensils, straws, and condiments. Restaurants just cannot pre-bundle these items in takeout orders without a request.
Does the rule apply to delivery apps?
Yes. Online ordering and delivery platforms must require an explicit customer opt-in for single-use accessories under AB-1276. Default 'include utensils' settings are prohibited statewide.

Sources & Official References

Other rules in San Jose

Plastic Straw RulesSome RestrictionsNoise Ordinances: Aircraft NoiseSignificant RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Preferential Parking DistrictsSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All San Jose rules

California rules heatmap·Compare San Jose to another location·View the California single-use items overview

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