Home California Condiment Packets and Utensils Come With Take-out Only When Asked Under New Law

Condiment Packets and Utensils Come With Take-out Only When Asked Under New Law

by ECT

Under a bill signed by Governor Gavin Newsom this week, California eateries will only give take-out customers single-use condiment packets and utensils if they ask for them.

The bill will apply to packages such as ketchup and mustard, as well as utensils like forks, knives, spoons and chopstick.

Assembly Bill 1276, introduced by Assemblymember Wendy Carrillo (D-Los Angeles), said that plastic utensils and condiment packets create unnecessary trash, pollute waterways and harm marine life.

According to the bill: the following definitions apply:

  • (a) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.
  • (b) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
  • (c) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.
  • (d) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
  • (e) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
  • (1) Utensils, which is defined as forks, knives, spoons, and sporks.
  • (2) Chopsticks.
  • (3) Condiment cups and packets.
  • (4) Straws.
  • (5) Stirrers.
  • (6) Splash sticks.
  • (7) Cocktail sticks.
  • (f) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
  • (g) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

Here is the full statement from the Governor:

Governor Newsom Signs Legislation to Tackle Plastic Pollution, Promote a More Sustainable & Renewable Economy and Protect Californians from Toxic Chemicals


Governor signs SB 343 banning the use of misleading recycling labels, additional measures to reduce single-use trash pollution and support recycling goals

AB 652 bans the use of toxic PFASs in products for children, AB 1200 prohibits their use in disposable food packaging

Governor’s historic $15 billion climate package includes $270 million to promote a more circular economy that advances sustainability 

SACRAMENTO – Taking action to combat plastic pollution and advance a more sustainable and renewable economy, Governor Gavin Newsom today signed a package of legislation designed to raise consumer awareness and industry accountability, complementing his bold $270 million investment to modernize recycling systems and promote a more circular economy as part of the California Comeback Plan’s historic $15 billion climate package. The Governor also signed bills to protect Californians and the environment from harmful chemicals.

Among the measures signed today is SB 343 by Senator Ben Allen (D-Santa Monica), which requires products to meet benchmarks in order to be advertised or labeled as recyclable, helping consumers to clearly identify which products are recyclable in California.

“California’s hallmark is solving problems through innovation, and we’re harnessing that spirit to reduce the waste filling our landfills and generating harmful pollutants driving the climate crisis,” said Governor Newsom. “With today’s action and bold investments to transform our recycling systems, the state continues to lead the way to a more sustainable and resilient future for the planet and all our communities.”

The Governor last month announced that the California Comeback Plan’s $15 billion climate package – the largest such investment in state history – includes $270 million to support a circular economy that advances sustainability and helps reduce short-lived climate pollutants from the waste sector. To raise demand for recyclables and attract green industry to California, the package includes funding to support the work of CalRecycle’s new Office of Innovation in Recycling and Remanufacturing. Additional funds will support organic waste infrastructure, food recovery efforts and composting, remanufacturing and recycling infrastructure, including investments in disadvantaged communities.

Governor Newsom today also signed AB 881 by Assemblymember Lorena Gonzalez (D-San Diego), which discourages practices resulting in exporting plastic that becomes waste and ensures that only exports of truly recycled plastics count toward state waste reduction and recycling metrics. SB 619 by Senator John Laird (D-Santa Cruz) provides local governments additional paths to meet the climate goals of California’s Short-Lived Climate Pollutant law. AB 1311 by Assemblymember Jim Wood (D-Santa Rosa) allows more flexible operations for beverage container recycling centers to reduce overhead and increase redemption access statewide. And AB 1201 by Assemblymember Phil Ting (D-San Francisco) strengthens labeling requirements to ensure products labeled “compostable” are actually compostable and to keep harmful chemicals out of California’s compost stream.

Perfluoroalkyl and polyfluoroalkyl substances (PFASs), often called “forever chemicals” because they don’t break down in the environment, have been linked to serious health hazards and have been found in the bodies of almost every human studied. To further reduce exposure and increase awareness, the Governor signed AB 1200 by Assemblymember Philip Ting (D-San Francisco), which prohibits disposable food packaging from containing intentionally added PFASs and requires cookware manufacturers to disclose the presence of hazardous chemicals such as PFASs on product labels and online. AB 652 by Assemblymember Laura Friedman (D-Glendale) bans the use of toxic PFASs in products for children, such as car seats and cribs, beginning July 1, 2023. The state earlier this year required manufacturers of carpets and rugs to consider less toxic alternatives to PFASs, which pose a particular exposure risk to children when used in carpets and rugs.

A full list of the bills signed by the Governor is below:

  • AB 652 by Assemblymember Laura Friedman (D-Glendale) – Product safety: juvenile products: chemicals: perfluoroalkyl and polyfluoroalkyl substances.
  • AB 881 by Assemblymember Lorena Gonzalez (D-San Diego) – Recycling: plastic waste: export.
  • AB 962 by Senator Sydney Kamlager (D-Los Angeles) – California Beverage Container Recycling and Litter Reduction Act: reusable beverage containers.
  • AB 1200 by Assemblymember Philip Ting (D-San Francisco) – Plant-based food packaging: cookware: hazardous chemicals.
  • AB 1201 by Assemblymember Philip Ting (D-San Francisco) – Solid waste: products: labeling: compostability and biodegradability.
  • AB 1276 by Assemblymember Wendy Carrillo (D-Los Angeles) – Single-use foodware accessories and standard condiments.
  • AB 1311 by Assemblymember Jim Wood (D-Santa Rosa) – Recycling: beverage containers.
  • SB 343 by Senator Ben Allen (D-Santa Monica) – Environmental advertising: recycling symbol: recyclability: products and packaging.
  • SB 619 by Senator John Laird (D-Santa Cruz) – Organic waste: reduction regulations: local jurisdiction compliance.

For full text of the bills, visit: http://leginfo.legislature.ca.gov.

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Robert C. Oct 7, 2021 - 5:48 am

how lucky we are to have state legislators who address such critical issues and not waste their time with such trivia as fixing EDD, DMV, Caltrans, etc.

Street-Sweeper Oct 7, 2021 - 4:50 pm

This State is going to shit and your worried about mustard packets. 🤣

Pacman Oct 7, 2021 - 5:54 pm

And the train to nowhere keeps chugging along, the southern border now has a welcome mat and voter registration kiosk, we plan on a masked Thanksgiving and Christmas, but we are protected against unwelcome mustard and chopsticks.

I dare wonder who are the bigger idiots; the ones running our state or the ones who keep voting for them.

U-Haul must love CA at this point.

Jg Oct 8, 2021 - 10:48 am


Troy McClure Oct 8, 2021 - 1:04 pm

Like the governor said, what bold action indeed. While gas prices are $5 a gallon, hospitals are in a nurse shortage crisis, homeless are rampant, as is crime, the landfill may have a few less sporks.

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