Disposable Food Service Ware Ordinance

Food and beverage providers in Santa Monica are prohibited from distributing of plastic (#1-6), bioplastic (#7/PLA), and aluminum disposable food service ware for prepared food and beverages. Permitted materials include paper, fiber, wood, wheat straw/straw, bagasse, or edible material.

Disposable food service ware items include straws, utensils, stirrers, lid plugs, plates, trays, bowls, and containers. Additionally, compliant straws and utensils may only be provided upon request.

Food and Beverage providers can apply for an exemption if no reasonable alternative exists that is consistent with the requirements of this chapter and would mitigate such significant economic hardship.

To apply for an Economic Hardship Exemption, please fill out the Economic Hardship application with the attached Economic Hardship Exemption Worksheet.

Resources

Contact Us:

(310) 458-2213
environment@santamonica.gov

FAQ

Who must comply with this ordinance?

"Food and Beverage Provider" means any business, organization, entity, group, or individual providing prepared food or beverages for public consumption on or off its premises within the City of Santa Monica.

“Prepared Food” means any food or beverage prepared on the food provider’s premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish, or eggs unless provided for consumption without further food preparation. Prepared food may be eaten either on or off the premises.

What is the City of Santa Monica's definition of disposable food service ware?

“Disposable Food Service Ware” means disposable products intended for single or limited number of uses, used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. Disposable food service ware includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, stirrers, lid plugs, lids, and utensils. This does not include disposable packaging for unprepared foods.

What are the penalties to retailers that do not comply with the Disposable Food Service Ware ordinance?

A verbal or written warning may be provided.
The 1st violation results in a fine of $75.00.
The 2nd violation results in a fine of $93.75.
The 3rd violation results in a fine of $112.50.
Repeat Violators could be forwarded to the City Attorney’s Office.

How to report a violation?

If you come across any prohibited food ware items at a Santa Monica business, report violations in the Santa Monica 311 system (Select "Other Issues"). Violations can also be reported via phone and email at (866) 311-SaMo and 311@santamonica.gov.

Why are disposable straws and utensils "Upon Request" if they are marine degradable?

As of January 2022, California law AB 1276 requires all retail food facilities and food delivery platforms to provide single-use foodware accessories and condiments upon request only. Foodware items covered by the law include single-use utensils, straws, chopsticks, stirrers, and condiment cups and packets, including those made from bioplastics, compostable plastic, bamboo, and paper. Facilities found in violation of the law may be fined.

Are there any exceptions to this ban?

Yes, Food and Beverage providers can apply for an exemption due to significant economic hardship.
Food and Beverage providers can apply for an exemption if no reasonable alternative exists that is consistent with the requirements of this chapter and would mitigate such significant economic hardship.
Exceptions for products, for the sake of appearance, will not be approved

To apply for an Economic Hardship Exemption, please fill out the Economic Hardship application with the attached Economic Hardship Exemption Worksheet.

Why are bio-based plastics (bio-plastics, PLA/PHA, cornstarch, "compostable" plastics) prohibited?

Although these types of products are certified "compostable," they require a specific composting process in certain industrial composting facilities. Currently, no composting facilities in Southern California accept bio-plastics.
Because these types of products resemble other petroleum-based plastics, they often are mistaken for petroleum-based plastics.
These types of products cannot be recycled. Bioplastics ending up in the recycling stream can contaminate it.
These types of products can take years to degrade in a natural environment.

How is single-use plastic food ware harmful to the environment?

They are produced from non-renewable resources.
They are designed to be disposable (rather than reusable).
The economic value of single-use plastic food service has decreased and products are being diverted to landfill.
Disposable Food Service Wares are often collected during beach clean-ups. Single-use plastics remain in the marine environment for centuries.
A significant hazard to marine animals and birds, which often mistake plastic as food.
Items with food and food residue contaminate the recycling stream.