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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.
- Learn more about the Disposable Food Service Ware Ordinance Amendment (PDF)
- View the Disposable Food Service Ware Ordinance Summary (PDF)
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
- Single-use plastic foodware is banned: Most disposable foodware to be non-plastic, fiber-based (e.g., paper, bamboo, sugarcane, etc.), and compostable;
- 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
- 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.).
- Reusables for dine-in are encouraged
This Ordinance applies to restaurants, mobile food trucks, temporary food facilities (e.g., street fairs, festivals, etc.), farmers' markets, catering operations, private schools, and other operations that operate within the City and provide prepared food (a.k.a. ready-to-eat food and beverages) to the general public.
- County of San Mateo's Model Foodware Ordinance Summary (English (PDF) / Spanish (PDF) / Chinese (PDF) / Tagalog (PDF))
- Ordinance Requirements Table (English (PDF) / Spanish (PDF) / Chinese (PDF) / Tagalog (PDF))
- Implementation Checklist (English (PDF) / Spanish (PDF) / Chinese (PDF) / Tagalog (PDF))
- Purchasing Guide listing acceptable disposable and reusable foodware
FAQs, outreach materials (e.g., tent cards, employee training guide, etc.), and other resources for food facilities are available at the County of San Mateo's Foodware Aware Program website.
Free technical assistance is available for food facilities to help meet the requirements of the Ordinance as well as go beyond the requirements and switch to reusable foodware. Up to $300 is available for food facilities that are interested in switching from disposable to reusable foodware!
Please contact the Foodware Aware Team for additional information:
- Email Foodware Aware Team
- Hotline: 888-442-2666
- Postcard Mailer January 15, 2021 (PDF)
- County of San Mateo Disposable Food Ware Ordinance (PDF)
- English Letter Proposed Disposable Food Ware Ordinance March 9, 2020 (PDF)
- Chinese Letter Proposed Disposable Food Ware Ordinance March 9, 2020 (PDF)
- Spanish Letter Proposed Disposable Food Ware Ordinance March 9, 2020 (PDF)
Examples of Regulations on Foodware and Distribution of Foodware
For questions or clarification, please contract Senior Environmental Programs Manager, Andrea Pappajohn (650) 259-2444