Disposable Food Service Ware Ordinance

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, and not made with polystyrene).

Foodware must be certified compostable (and PFAS-free) by a third-party certifier, including the Biodegradable Products Institute (BPI), Compost Manufacturing Alliance (CMA), TUV Austria (TUV’) “OK compost INDUSTRIAL” certification, or other approved organization.

Accessories do not need to be certified.

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

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

Compostable Plastic (Bioplastic, PLA, TPLA, CPLA, PHA) is 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.

The Ordinance that was adopted by the County of San Mateo (County) will apply only to the unincorporated areas of the county. Interested cities in the county that want to follow the County’s lead may bring the Ordinance to their respective City/Town Councils for consideration for adoption. The County will offer to conduct education and enforcement efforts within those cities that adopt the County’s Ordinance as a model ordinance.

Traditional plastics are made from petroleum, a fossil fuel. Although traditional plastics have several benefits including durability, malleability, and usefulness in many applications, they do not degrade, are not easily recycled, and are often landfilled or discarded on the streets or in the environment. Compostable plastics are considered the newer and “greener” alternatives to traditional plastics as they are made from a variety of non-petroleum materials like plant starch. Compostable plastics offer many of the benefits of traditional plastics but are designed to break down into useful compost under specific conditions within industrial composting facilities.

Despite these benefits, the County is prohibiting their use in disposable food service ware because they pose many challenges. For instance, compostable plastics are difficult to properly sort because they can be indistinguishable from their traditional plastic counterparts. For this reason, compostable plastics are often sorted improperly by consumers and are then sent to the landfill rather than an industrial composting facility. Even when compostable plastics are sent to the proper facility, many do not properly break down into usable compost. The residual compostable plastics are screened out and sent to the landfill. Furthermore, compostable plastics do not break down when littered and pose the same threats to wildlife and the health of the environment as their petroleum-based plastic counterparts.

Yes. Under the current Ordinance, beverage and food container lids used by food facilities are not required to be made from natural fiber (e.g., paper, sugarcane, wheat stalk, etc.). The County understands that for those food facilities that provide grab-and-go food options, the lids will need to be transparent to allow customers to view the food that they are considering for purchase. Additionally, many plastic lids (both traditional and compostable plastic) seem to provide a more secure lock on the food container/cup than the natural fiber counterparts that are currently on the market. However, plastic lids made from #6 plastic (a.k.a. polystyrene) is still prohibited. Additionally, only plastic lids that are accepted in the food facility’s recycling and/or organics collection programs are allowed. So food facilities should check with their waste hauler to confirm which plastics are accepted in their programs.

The County may reassess its stance on lids in the future based on several factors, including the availability of new compliant items on the market. In the meantime, whenever possible, the County highly encourages food facilities to test and utilize existing natural fiber-based lids for their operations.

Food facilities will only be allowed to distribute accessories unbundled, as separate individual units (e.g., each fork, spoon, straw, condiment packet, etc.). If accessories are individually wrapped in packaging, the packaging cannot be plastic; they must be made from natural fiber (e.g., paper).

Yes, the use of polystyrene food service ware, including “Styrofoam” and all #6 plastics, when providing prepared food/beverages to the public is still prohibited.

The following exemptions are allowed in the Ordinance:

• Food facilities can use disposable foodware that is made entirely of aluminum or glass.
• Disposable, single-use plastic straws may be provided only upon request to consumers with medical needs. Healthcare facilities may distribute disposable, single-use plastic straws without a request from patients.
• Food facilities may offer to consumers (i.e., ask the consumer if they want) disposable accessories only at drive-throughs and airports.
• If no reasonably feasible disposable foodware alternative that complies with the Ordinance exists, the item currently being used by the food facility may be exempt. Please see the question below regarding requesting an exemption.

Some disposable foodware items for which there are not readily available alternatives have been identified and designated as “temporarily exempt” by the County, meaning that they do not have to be made from natural fiber. However, any temporarily exempt replacement item food facilities use must be accepted by the food facility’s waste hauler’s recycle and/or organics collection program and cannot be made of plastic #6 (polystyrene). Please check here for a list of temporarily exempt items. The list of temporarily exempt items is subject to change as new items become available on the market, so please check this link periodically. You can also reach out to the Foodware Aware Team to request additional information on items that are temporarily exempt: Email: foodware@smcgov.org / Hotline: 888-442-2666

The County’s Sustainability Department (OOS) will be leading both the outreach and enforcement efforts for the Ordinance within unincorporated areas of San Mateo County, as well as in cities that adopt the County’s Ordinance as a model ordinance and accept the County’s offer to enforce. The OOS has partnered with the consultant team, Environmental Innovations, Inc. and ReThink Disposable of Clean Water Fund, to help with Ordinance outreach efforts.

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.

If you are a food facility that distributes prepared food to the public (so you have a valid health permit with the County) and you operate within the limits of unincorporated areas of San Mateo County, then you will need to comply with the Ordinance.

If you are a food facility that distributes prepared food to the public in a city that’s located in San Mateo County and that city has adopted the Ordinance, then you will need to comply with the Ordinance. Please make sure to check with your city, as there may be slight variations between the city and County’s ordinances. For clarification on food facility and prepared food, please see the questions above.

Yes! The County’s Sustainability Department has partnered with the consultant team, Environmental Innovations and ReThink Disposable of Clean Water Fund, to provide outreach and education around the Ordinance to affected San Mateo County food facilities. We have the following resources available:

• Educational materials in multiple languages to educate food facilities (and the general public) about the Ordinance requirements
• A purchasing and vendor guide with information on options for compliant disposable foodware 
• A set of downloadable resources (e.g., ordinance summary, public notice, point-of-sale cards, employee training guide, etc.) to help food facilities educate customers and train staff/employees on the Ordinance requirements
• Direct technical support (phone, email, 1:1 virtual meetings/site visits)
• Webinars/workshops where food facilities (and the general public) can learn more about the Ordinance
• Limited financial assistance to help food facilities come into compliance with the Ordinance (priority will be given to food facilities in underserved communities and/or underserved food facilities that request financial assistance)

Our Purchasing Guide has information on both reusable and compliant disposable foodware that food facilities can purchase as well as a listing of local and online vendors. Find it on our Resources for Food Facilities page along with case studies and other useful information.

A food facility is an entity – any vendor, business, organization, group, or individual, including a licensed retail food establishment – that has a valid health permit with the County’s Environmental Health Services for distributing prepared food to the public.

Examples of food facilities include, but are not limited to:

• Restaurants
• Cafes
• Mobile food trucks and push carts
• Catering companies
• Online delivery vendors
• Convenience stores
• Grocery stores
• Health care facilities
• Recreation centers
• Food vendors at public events (e.g., farmers markets, street fairs)
• Private schools*

*Public schools are managed by the State and thus are not subject to the Ordinance.

If no suitable alternative foodware items that meet a food facility’s specific needs are available, or if the additional cost to purchase suitable foodware is deemed to cause significant economic hardship, the food facility can submit a request for an exemption. The County will then render a decision based on information and documentation provided to show the factual support for the requested exemption. A request for an exemption may be approved in whole or in part, with or without conditions. The duration of the exemption will also be determined by the County. Please contact us for more information.

Please check here for a list of disposable foodware items that are temporarily exempt. Items that are “temporarily exempt” specifically means that they do not have to be made from natural fiber and/or free of PFAS. However, any temporarily exempt replacement item you use must be accepted by your waste hauler’s recycle and/or compost program. The list of temporarily exempt items is subject to change as new items become available on the market, so please check this link periodically. You can also reach out to the Foodware Aware Team to request additional information on items that are temporarily exempt: Email: foodware@smcgov.org / Hotline: 888-442-2666

If a food facility is interested in going beyond the Ordinance and wants to replace single-use, disposable food service ware with reusable alternatives for dine-in and/or take-out, the County is offering the below resources:

• Webinars/Workshops where food facilities can learn more about how to replace single-use food service ware with reusable food service ware.
• Direct technical support (phone, email, 1:1 virtual meetings/site visits). Please email foodware@smcgov.org or call our hotline 888-442-2666 for technical support.
• Financial assistance (e.g., rebates) will be provided to food facilities to help transition to reusable food service ware for dine-in.
• Our Purchasing and Vendor guide for food facilities has information on reusable food ware options. View our Resources page for more. It also includes information on innovative service providers who can provide reusable food ware for take-out.

Violations of the provisions of the Ordinance will result in fines for food facilities. The penalties and fines shall be enforced as follows: $100.00 for a first violation, $200.00 for a second violation within 12 months, and $500.00 for third and additional violations within 12 months. The County’s OOS will be enforcing the Ordinance.

AB 1200, known as the California Safer Food Packaging and Cookware Act of 2020, prohibits the sale or distribution of food packaging that contains perfluoroalkyl or polyfluoroalkyl substances, or PFAS (a.k.a., “Forever Chemicals”), beginning January 1, 2023. The County’s Ordinance currently requires only “larger” food items (specifically, plates, bowls, cups, food trays, clamshells, boxes, deli containers, and other containers) to be certified/approved by the Biodegradable Products Institute (BPI), the Compost Manufacturing Alliance (CMA), or TUV Austria (TUV) “OK compost INDUSTRIAL” certification to ensure that these fiber/paper-based foodware items are free from intentionally added PFAS. Starting on January 1, 2023, the State will expand the PFAS-free requirement to ALL disposable foodware made of fiber/paper, including all accessories (e.g., straws, stirrers, utensils, cocktail/toothpicks, napkins, etc.) as well as food contact paper (e.g., wraps, bags, tray liners, etc.).

The County’s Foodware Ordinance requires food facilities to distribute disposable accessories including straws, stirrers, utensils, condiment packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar items (1) only when requested by the consumer and/or (2) with dispensers that distribute one item at a time.  AB 1276, known as the accessories upon request law, changed a prior version of the Ordinance to disallow food facilities to have available open containers/bins holding single-use accessories for consumers to grab-and-go.  Additionally, the list of impacted accessories above under the County’s Ordinance is more extensive than the list included in AB 1276.  Also, food facilities can offer consumers (i.e., ask if they want) disposable accessories only at drive-throughs and airports.

The Ordinance requires that larger foodware items (specifically, plates, bowls, cups, food trays, clamshells, boxes, deli containers, and other containers) be made from natural fiber (e.g., paper, bambu, etc.) that is free of all intentionally added per- and polyfluorinated alkyl substance, also known as PFAS. PFAS are synthetic chemicals commonly used in disposable foodware made from paper/fiber, including compostable paperboard containers, to repel water and grease. These chemicals pose a public health risk as they have been linked to serious health effects including kidney and testicular cancer, thyroid disruption, delayed puberty, and obesity. To verify that natural fiber-based foodware is free of PFAS, larger foodware items need to be certified/approved by the Biodegradable Products Institute (BPI), Compost Manufacturers Alliance (CMA) or another party approved by the County in the future. Additionally, beginning on January 1, 2023, new state law AB 1200 will ban the sale and distribution of ALL fiber/paper-based foodware containing PFAS throughout the State. This includes all accessories (e.g., straws, stirrers, utensils, and cocktail/toothpicks, napkins, etc.) as well as food contact paper (e.g., wraps, bags, tray liners, etc.).

No. Disposable food service ware made from wheat stalk is reported to be made from the stalk and stem of wheat plants and not made from the grain, which is the cause of allergic reactions.

Yes. Reusable food service ware is safe to use for both (1) dine-in and (2) take-out/delivery services provided by service providers (e.g., Dishcraft, Dispatch, Sparkl, etc.) even during COVID- 19, as long as food facilities and service providers abide by California Public Health Code, local COVID-19 safety guidelines, and other applicable regulations. Current COVID-19 safety guidelines prohibit food facilities from refilling customers’ reusable food and beverage containers. Please note: The Ordinance does not require food facilities to use reusable food service ware. However, the County strongly encourages our food facilities to investigate reusable food service ware for their operations. If you are interested in making this switch and need assistance, please contact us.