Stockton, CA Single-Use Items: Utensils-On-Request (2026)
Key Facts
- State law
- AB 1276
- Covers
- Utensils, napkins, condiments
- Apps
- Must offer opt-in
- Max fine
- $300 per year
Summary
California AB 1276 requires Stockton food facilities and third-party delivery platforms to provide single-use utensils, condiments, napkins, and stirrers only when a customer affirmatively requests them. Default inclusion in takeout and delivery orders is prohibited.
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 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. (c) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (e) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food. (2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. 42272. (a) On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter. (b) The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.
Full Breakdown
Assembly Bill 1276, in effect since 2022, applies to all Stockton food facilities including restaurants, food trucks, and ghost kitchens, plus third-party delivery apps. Single-use foodware accessories such as utensils, chopsticks, condiment packets, napkins, and stir sticks may only be provided when the customer affirmatively requests them or selects them through a self-checkout interface. Pre-bundled utensil packs handed out automatically are prohibited, and delivery apps must offer a clear opt-in interface rather than a default toggle. First violation triggers a notice; subsequent violations carry $25 fines capped at $300 per year, enforced by the local jurisdiction.
Violations & Fines
Including utensils or condiments in takeout or delivery orders by default, or making the request opt-out instead of opt-in, leads to written notices and escalating fines up to $300 per year.
Frequently Asked Questions
Can a Stockton restaurant pre-pack utensils with delivery orders?
Does AB 1276 cover plastic cup lids?
Sources & Official References
Other rules in Stockton
California rules heatmap·Compare Stockton to another location·View the California single-use items overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.