Santa Clara County, CA Single-Use Items: Utensils-On-Request (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.
(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.
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?
Can I still grab utensils from a self-service station?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California single-use items overview
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