Assembly Bill (AB) 1276, signed into law on October 5, 2021, prohibits California food facilities from automatically providing single‑use foodware accessories or standard condiment items unless the consumer specifically requests them. These items, such as utensils, straws, condiment cups and packets, lids, stirrers, toothpicks, ketchup, mustard, salt, sugar, soy sauce, hot sauce, etc., must be individually requested and cannot be pre-bundled or packaged together.

Phased Implementation

  • Phase 1 (June 1, 2022)
    • All single‑use foodware accessories must be made from recyclable or compostable materials.
    • Providers cannot distribute these items unless a customer requests them
    • Food services required in this phase:
      • Dine in, third-party delivery orders, takeout orders, drive-through orders
  • Phase 2 (January 1, 2023)
    • Extends Phase 1 rules to full‑service restaurants statewide

Allowed Exceptions - Full-service restaurants may still offer single‑use foodware accessories in certain circumstances:

  • When dishwashing equipment is insufficient
  • To accommodate customers with disabilities
  • At a diner’s request for take-home containers for leftovers
  • During declared public health emergencies
  • If using disposable paper wrappers, foil, napkins, trays, or liners accepted by local recycling or composting programs 

Delivery and Drive Through Requirements:

  • Drive-through facilities and restaurants in airports must ask customers if they want accessories
  • Delivery platforms must display available single‑use accessories and only include them if the customer chooses 

Facilities Exempt - The law does not apply to:

  • Correctional facilities
  • Licensed health care centers
  • Residential care facilities
  • Public and private school cafeterias

Further Information Cards

General Public

Property Managers

Business Food Facilities

Additional information about AB 1276 is available on the California Legislative Information website.