Disposable Food Service Ware Ordinance

Overview

On May 24, 2022, the City of Millbrae adopted the Disposable Food Service Ware Ordinance (Ordinance) that mirrors the County of San Mateo's (County) food ware ordinance. This Ordinance aims to regulate and reduce the amount of disposable plastic foodware and other foodware waste that are used and distributed in Millbrae. The Ordinance's implementation and enforcement start date was October 1, 2022. Education and enforcement of the Ordinance are headed by the County of San Mateo's Office of Sustainability in partnership with the City.

Objectives:

  • Eliminate disposable food service ware that is not reusable or compostable
  • Improve the health and safety of community members by eliminating disposable food service ware that is harmful
  • Help meet our regional stormwater permit requirement by reducing street litter

What the Disposable Food Service Ware Ordinance Requires

  1. Single-use plastic foodware is banned: Most disposable foodware to be non-plastic, fiber-based (e.g., paper, bamboo, sugarcane, etc.), and compostable;
  2. Compostable foodware is required: Larger disposable foodware items such as bowls, plates, and clamshells need to be free of harmful perfluoroalkyl and poly-fluoroalkyl substances (PFAS). Please note: Starting on January 1, 2023, the State expanded this requirement to ALL disposable foodware made of fiber, including accessories (e.g., straws, utensils, napkins, stirrers, etc.), paper bags, and food contact paper; and
  3. Accessories and condiments are only available by request: The distribution of disposable foodware accessories (e.g., straws, utensils, napkins, stirrers, spill plugs, etc.) is only allowed when requested by the consumer and/or with dispensers that distribute one item at a time. Open containers/bins holding disposable accessories for consumers to grab and go are no longer allowed. Disposable accessories cannot be bundled together, and they must be distributed individually as separate items (e.g., each fork, spoon, straw, condiment, etc.).
  4. Reusables for dine-in are encouraged

Examples of Regulations on Foodware and Distribution of Foodware

Regulations on FoodwareWhat is regulated under SB 1383

Regulations on Distribution of FoodwareWhat is regulated under SB 1383

For questions or clarification, please contract Senior Environmental Programs Manager, Andrea Pappajohn (650) 259-2444