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Disposable Food Service Ware Ordinance

Foodware Aware - Reuse, Choose, Refuse

The County of San Mateo’s Disposable Food Service Ware Ordinance regulates the use of disposable food service ware to reduce single-use plastic and other foodware waste. This law applies to food service businesses in unincorporated areas of the County and in the 16 cities within the County that have adopted the model ordinance. The County’s Foodware Aware Team is here to help businesses transition away from plastics and reduce foodware waste effectively.

Ordinance Requirements

SINGLE-USE PLASTIC FOODWARE IS BANNED

Plastic is not allowed for most disposable
foodware items, including compostable plastic
(e.g. bioplastics, PLA, TPLA, etc.) and Styrofoam.

FIBER FOODWARE IS REQUIRED

Food service businesses are required to use natural fiber-based foodware, certified compostable by BPI or CMA. Aluminum and glass containers are also allowed.

REUSABLES FOR DINE-IN ARE ENCOURAGED

Reusable foodware is strongly encouraged for dine-in customers. Reusables are required in the Cities of Half Moon Bay, Pacifica, and Daly City.

ACCESSORIES AND CONDIMENTS ARE AVAILABLE BY REQUEST ONLY

Accessories (utensils, straws, condiment packets, etc.) can only be provided when requested and cannot be bundled as one unit.
(also required by state law AB 1276)

    Additional Information

    What’s allowed?

    Foodware made from fiber-based compostable materials such as paper, sugarcane, bamboo, wood, wheat stalk, hay, etc.

    Aluminum and glass is allowed.

    Lids made from plastic or other materials are allowed (as long as they are accepted by your local waste haulers recycling and composting programs).

    Foodware must be certified compostable (and PFAS free) by a third-party certifier, including the Biodegradable Products Institute (BPI), Compost Manufacturers Alliance (CMA), or other approved organization.

    Reusable or durable foodware (metal, glass, ceramic) is recommended for dine-in service and required for some cities.

    What’s not allowed?

    Traditional, compostable, or recyclable plastic is not allowed. This applies to bowls, plates, clamshells, cups, straws, utensils and to-go boxes and other items.

    Bioplastics (PLA, TPLA, CPLA) are not allowed.

    Styrofoam is not allowed.

    Utensils and other accessories cannot be displayed in open bins/containers for consumers to grab and go.

    Disposable accessories cannot be bundled. Each fork, spoon, straw, condiment, etc. must be distributed separately.

    Accessories and Condiments

    Accessories (Utensils, straws, condiment packets, etc.) can only be provided when requested by the customer and can not be offered on countertops for grab and go unless in a one-at-a-time dispenser. Refillable bulk condiment dispensers are allowed.

    For takeout and delivery, only provide customers with the sauces, utensils, and other accessories that they specifically request.

    Exemption for drive-through customers and deliveries: orders may include an accessory item if the item prevents spills or helps safely transport food.


    Contact Us

    Our Foodware Aware Program Team – the County’s Sustainability Department and Environmental Innovations, Inc. – are here to help you and other impacted food facilities successfully make the operational transition to meet the new requirements of the County’s Disposable Food Service Ware Ordinance.

    Please email foodware@smcgov.org or call 888-442-2666 to get in touch. We look forward to hearing from you.

    Thank you for being Foodware Aware and helping make positive change!