Home » Concord City Ordinance Aims to Reduce Plastic Waste

Concord City Ordinance Aims to Reduce Plastic Waste

Press Release

by CC News

During their Oct. 25 meeting, the Concord City Council voted to introduce an ordinance requiring retail food operations to only offer disposable foodware accessories (utensils & condiments) upon customer request, in compliance with the state law AB 1276, which came into effect earlier this year.

The goal of the law and local ordinance is to reduce plastic and garbage in our local streets, waterways and landfill. This will also help businesses save money by giving out less free inventory.

Restaurants may still use dispensers of unwrapped single-use foodware accessories that are self-serve, standard condiments that are self-serve, and bulk dispensed condiments.

Concord’s new ordinance will take effect on Dec. 8, 2022.

Learn more about this law and download our fact sheet.

Editors note: Background

AB 1276 Summary

AB 1276 is designed to reduce excess packaging and undesired condiments and utensils from being given to a customer when eating on premises or taking food to go.

The law, as amended, is intended to give consumers more choices about single-use

foodware accessories and condiments in order to reduce waste. The law prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item desired. It authorizes a food facility to ask a drive-through customer if the customer wants a single-use foodware accessory in specified circumstances. The law requires a food facility using a third-party food delivery
platform to list on its menu the availability of single-use foodware accessories and standard condiments and to only provide those items when requested.

The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

The main provisions of AB 1276 are summarized below:

  1. A food facility is required to only provide single-use accessories to consumers upon request;
  2. A food facility is required to avoid bundling of single-use accessories or condiments;
  3. A food facility is required to only offer those single-use items needed to eat or prevent spillage of the ready-to-eat food at a drive-through as well as in a public use airport.
  4. A third-party food delivery platform shall provide consumers with the option to request single-use accessories for ready-to-eat food;
  5. A food facility that uses a third-party platform shall customize their menu with a list of available single-use accessories or condiments. Only those items chosen by the consumer will be delivered. If no single-use accessories or condiments are requested none will be provided;
  6. Unwrapped, single-use foodware accessories that are self-serve, standard condiments that are self-serve, and/or bulk dispensed condiments may still be used; and
  7. The first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.

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