AB 1276 (Carrillo)
Unnecessary Food Serviceware

OVERVIEW

AB 1276 expands California’s existing “straws upon request” policy (from AB 1884) to a broader range of single-use foodware accessories and condiments. It aims to reduce waste, curb contamination of recycling and composting systems, lower disposal costs, and diminish plastic pollution—particularly benefiting marginalized communities by addressing health and environmental justice concerns.

THE ISSUE

Every year in the United States, an estimated 561 billion disposable foodware items are used, resulting in a whopping 4.9 million tons of waste.1 Unused food accessories including utensils, straws, napkins, condiment packages, and otherwise clog landfills, complicate recycling, and pollute streets and waterways in our communities.

Restaurants in the U.S. spend $19 billion purchasing disposable foodware items. California restaurants that have voluntarily made the transition to a combination of by request and reusable foodware have been proven to save between $3,000 and $21,000 per year, while reducing waste and greenhouse gas emissions. Additionally, reuse creates as many as 30 times more jobs than landfills.

California’s local governments and taxpayers spend over $428 million annually in ongoing efforts to clean up and prevent litter in streets, storm drains, parks and waterways.

Recyclers are now faced with a worsened crisis, as the vast majority of these non-recyclable single-use food accessories debase recycling systems and can contaminate many commercial compost facilities. This increases costs to collection, sorting, processing and disposal for cities and ratepayers.

 

Position: Supported by Californians Against Waste
Contact: Tony Hackett

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BILL SUMMARY:

What’s Covered (Definitions)

  • Accessories: forks, knives, spoons, sporks, chopsticks, condiment cups/packets, straws, stirrers, splash sticks, cocktail sticks

  • Condiments: ketchup, mustard, mayo, soy sauce, hot sauce, salsa, sugar, salt/pepper, etc.

Main Requirements

  • Must be provided only if requested

  • No bundling or forced packaging

  • Drive-throughs/airports may ask proactively if needed for safe consumption

  • Delivery platforms must enable item selection and pass only requested items

  • Allows self-serve dispensers; bulk condiment dispensers encouraged

  • Local governments can adopt stricter rules

Enforcement

  • Local enforcement by June 1, 2022

  • 1st/2nd violations: warning

  • Further violations: $25/day, up to $300/year