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Stockton, CA Single-Use Items: Utensils-On-Request (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

Source: California AB 1276View official code

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?
Only when the customer specifically requests utensils. AB 1276 prohibits defaulting to utensils in takeout or delivery orders, and apps must use an opt-in toggle, not opt-out.
Does AB 1276 cover plastic cup lids?
No. Lids attached to drinks are not foodware accessories under AB 1276. The law focuses on utensils, chopsticks, napkins, condiments, and stir sticks distributed alongside food.

Sources & Official References

Other rules in Stockton

All Stockton rules

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