Laws & Rules

Reusable and Disposable Foodware Requirements for Oakland Food Vendors

Food vendors in Oakland must follow certain requirements when:

(1) providing disposable foodware and accessories to customers, and 

(2) allowing customers to use their own reusable foodware.

Who has to follow the foodware requirements?

All Oakland food vendors selling prepared food—including restaurants, cafes, bars, delis, fast-food establishments, and food trucks. All City facilities must also follow these requirements.

What are the foodware requirements?

DISPOSABLE FOODWARE (includes single-use/to-go containers, cups, bowls, utensils, and plates)

For dine-in and take-out orders – Oakland food vendors may only use disposable foodware products that are:

·       Not made of polystyrene foam,

·       Not made of compostable plastics/bio-plastics, and

·       Are free of toxic food packaging chemicals*

*PLEASE NOTE: The City is developing a list of acceptable disposable foodware that is free of toxic food packaging chemicals. The final list will be available on this website. Please check back for updates. Until the list is posted, please ensure your disposable foodware is not made of polystyrene foam or compostable plastic.

If the City determines that there are less than three product options of a particular type of disposable food service ware or that products are not commercially available, a food vendor may use any single-use disposable as long as it is not made of polystyrene or compostable plastics. 

DISPOSABLE FOODWARE ACCESSORIES BY REQUEST (includes single-use straws, stirrers, napkins, utensils, and condiment packets)

For dine-in orders – Oakland food vendors may provide disposable napkins, cocktail sticks, toothpicks, and stir sticks upon customer request only.

For take-out orders – Oakland food vendors may provide disposable straws, napkins, utensils, condiment packets, and other similar accessories upon customer request only.

REUSABLES TO-GO

For take-out orders – Oakland food vendors must accept and fill customer provided reusable cups and containers for to-go orders so long as the customer’s reusables are clean and can hold orders safely.

REUSE FOR DINE-IN STARTING 7/1/2025

Beginning July 1, 2025, Oakland food vendors may only serve food using reusables for dine-in service.

StopWaste offers free resources and grants to help businesses switch to reusables for dine-in service.

Check out what’s available by visiting: https://www.stopwaste.org/at-work/reduce-reuse-repair/reducing-disposable-foodware

Concerned about dishwashing space? See a list of reusable foodware system and service providers, checkout StopWaste’s list of reusable foodware vendors.

EVENTS AND VENUES

Beginning July 1, 2025, large event* and large venue** operators will be required to establish a reusable beverage cup system for non-packaged beverages like wine from a bottle, fountain soft drinks, or beer from a keg.

Compliance requirements will be phased in over time. Beginning July 1, 2025, large event and large venue operators must demonstrate to the City that at least 25% of all non-packaged beverages are served from reusable cups. By January 1, 2027, large event and large venue operators must demonstrate to the City that 100% of all non-packaged beverages are served from reusable cups.

Packaged beverages sold to customers, like canned wine, canned beer, and bottled soda, will remain allowable at large events and venues.

*Large events include any indoor or outdoor event within Oakland that is subject to a City permit and is expected to have more than 500 attendees or participants.

**Large venues mean permanent facilities that seat or serve an average of more than 2,000 individuals per day of operations over the calendar year. Large venues include arenas, performing art centers, theaters, and other public attraction facilities.

How are the foodware requirements enforced?

Patrons and inspectors report to the City when they see violations.

Businesses receive a Notice of Violation and may receive a fine of up to $500 for repeated violations.

The problem with compostable plastics

In recent years, consumer demand for more eco-friendly alternatives to conventional plastic single-use disposable foodware has led to a surge in the use of compostable plastics, a type of biodegradable plastic designed to break down into organic matter under specific environmental conditions. Made from both renewable sources like sugar cane and corn as well as fossil fuels, compostable plastics are used to make things like disposable utensils, straws, food scrap bin liners, takeout food containers, and cups. However, increasing awareness and emerging research suggest that compostable plastics can pose human health and environmental risks as well as challenges to waste management programs. 

The majority of composters in California along with Oakland’s compost collector, WM, are unable to process these compostable plastics into finished compost products.  The reality that the compostable plastics do not provide the easy environmental solution they promised is disappointing.  Due to the environmental and health concerns connected to compostable plastics, the City has banned the distribution of single-use disposables made from this material. 

Reusables are the best option for human health and safety and for the environment.