Who has to follow the foodware requirements?
All Oakland food vendors selling prepared food—including restaurants, cafes, bars, delis, fast-food establishments, and food trucks. All City facilities must also follow these requirements.
What are the foodware requirements?
DISPOSABLE FOODWARE (includes single-use/to-go containers, cups, bowls, utensils, and plates)
For dine-in and take-out orders – Oakland food vendors may only use disposable foodware products that are:
- Not made of polystyrene foam,
- Not made of compostable/bio-plastics, and
- Are free of toxic food packaging chemicals
PLEASE NOTE: The City is developing a list of acceptable disposable foodware that is free of toxic food packaging chemicals. The final list will be available on this website. Please check back for updates. Until the list is posted, please ensure your disposable foodware is not made of polystyrene foam or compostable plastic.
REUSE FOR DINE-IN STARTING 7/1/2025
Beginning July 1, 2025, Oakland food vendors may only serve food using reusables for dine-in service.
The Alameda County Waste Management Authority (StopWaste) offers free resources and grants to help businesses switch to reusables for dine-in service.
Check out what’s available by visiting: https://www.stopwaste.org/at-work/reduce-reuse-repair/reducing-disposable-foodware
DISPOSABLE FOODWARE ACCESSORIES BY REQUEST (includes single-use straws, stirrers, napkins, utensils, and condiment packets)
For dine-in orders – Oakland food vendors may provide disposable napkins, cocktail sticks, toothpicks, and stir sticks upon customer request only.
For take-out orders – Oakland food vendors may provide disposable straws, napkins, utensils, condiment packets, and other similar accessories upon customer request only.
REUSABLES TO-GO
For take-out orders - Oakland food vendors must accept and fill customer provided reusable cups and containers for to-go orders so long as the customer’s reusables are clean and can hold orders safely.
EVENTS AND VENUES
Beginning July 1, 2025, large event* and large venue** operators will be required to establish a reusable beverage cup system for non-packaged beverages like wine from a bottle, fountain soft drinks, or beer from a keg.
Compliance requirements will be phased in over time. Beginning July 1, 2025, large event and large venue operators must demonstrate to the City that at least 25% of all non-packaged beverages are served from reusable cups. By January 1, 2027, large event and large venue operators must demonstrate to the City that 100% of all non-packaged beverages are served from reusable cups.
Packaged beverages sold to customers, like canned wine, canned beer, and bottled water, will remain allowable at large events and venues.
*Large events include any indoor or outdoor event within Oakland that is subject to a City permit and is expected to have more than 500 attendees or participants.
**Large venues mean permanent facilities that seat or serve an average of more than 2,000 individuals per day of operations over the calendar year. Large venues include arenas, performing art centers, theaters, and other public attraction facilities.
How are the foodware requirements enforced?
Patrons and inspectors report to the City when they see violations.
Businesses receive a Notice of Violation and may receive a fine of up to $500 for repeated violations.
Oakland Municipal Code
Foodware requirements are detailed in Chapter 8.07 (Disposable Food Service Ware) of Oakland Municipal Code (OMC). This section of OMC was adjusted by City Council on December 19, 2023. The council report and updated OMC Chapter 8.07 can be found here.