Skip to main content
CityRuleLookup

Santa Clara County, CA Single-Use Items: Utensils-On-Request (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State statute
Cal. H&S Code §42270
Effective date
June 1, 2022
Covered items
Utensils, straws, condiments
Local enforcer
Santa Clara County DEH
Fine cap
$25/day; $300/year max

Summary

California AB-1276 (Health and Safety Code §42270 et seq.) prohibits full-service and takeout food facilities from providing single-use utensils, straws, or condiment packets unless requested by the customer. Santa Clara County DEH enforces locally.

City-specific rules exist: San Jose has its own utensils-on-request rules that differ from Santa Clara County's county-level regulations. If you live in San Jose, check the city-specific page instead.

(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 from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

Source: California AB-1276 (Health & Safety Code §42270)View official code

Full Breakdown

AB-1276, signed October 2021 and codified at Health and Safety Code §§42270–42272, bans automatic provision of single-use food accessories statewide effective June 2022. Restaurants, cafes, ghost kitchens, and online ordering platforms must ask customers whether they want utensils, straws, stirrers, condiment packets, or napkins; bundles cannot be added by default to delivery or takeout orders. The Santa Clara County Department of Environmental Health (DEH), as the local food-facility regulator under the California Retail Food Code, conducts compliance checks during routine restaurant inspections. The first violation is a written warning; second and subsequent violations within a year carry administrative fines up to $25 per day capped at $300 annually per location.

Violations & Fines

Repeated violations of AB-1276 by a Santa Clara County food facility result in administrative fines up to $25 per day, capped at $300 annually per location, with willful or systemic violations referred to the District Attorney for civil action.

Frequently Asked Questions

Does AB-1276 apply to grocery delis and food trucks in Santa Clara County?
Yes. Any permitted food facility serving prepared food, including grocery delis, food trucks, and ghost kitchens, must follow the on-request rule. The DEH treats them all as covered facilities under California Retail Food Code definitions.
Can I still grab utensils from a self-service station?
Yes. Self-service utensil dispensers in dine-in areas remain legal because the customer chooses to take them. The ban applies only to staff-driven default packaging in takeout, delivery, and drive-through bags.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California single-use items overview

Get notified when Utensils-On-Request in Santa Clara County, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Utensils-On-Request in Cities Across Santa Clara County