Food Service Ware Ordinance

 

An assortment of fiber-based to-go ware is spread out on a green background. Leaves are scattered in between the to-go-ware items.

The City of Santa Cruz's Environmentally Acceptable Food Packaging Ordinance (SCMC 6.48) regulates the use of disposable food service ware to reduce single-use plastics and other foodware waste. This law applies to any vendor, business, organization, entity, group or individual, including food establishments, located in the city of Santa Cruz that offers food or beverage to the public. All food providers within the City of Santa Cruz utilizing disposable food service ware shall use ordinance-compliant materials, offer accessories only upon customer request, and charge a "take-out fee" of twenty-five cents for disposable cups. 

Waste Reduction Staff is available to answer your questions and help you achieve compliance. Please don't hesitate to call our office at 831-420-5591.

Business Owners - Are you"Good To Go"? 

Banned Materials

Banned to-go materials include:

  • Petroleum-based plastic
  • Bio-plastic (including PLA, PHA) 
  • Polystyrene (#6, "styrofoam") 
  • Added PFAS
EAPPO Banned Materials

Accepted Materials

Acceptable to-go materials must meet the following requirements:

  • Fiber-based (no bio-plastics/PLA)
  • Certified free of added PFAS
  • Certified compostable
EAPPO Allowed Materials

Durables Are Best!

Durables are goods that are meant to be used repeatedly. In the case of foodware packaging, a durable item is a foodware item that is meant to be washed and reused instead of used once and disposed of.
 
Based on data collected from ReThink Disposables, a program of Clean Water Action, "The average savings for a small business [by switching to durables] are between $3,000 and $22,000 per year, with environmental benefits that include eliminating 110,000 to 225,000 packaging items per business and 1,300-2,200 lbs. of waste annually.” Not only can businesses save money, but dining with reusables offers an elevated dining experience for guests. Customers also often enjoy bringing their own containers to reduce their waste impact while eating out.
 
Does your business have a process in place to accept personal containers? AB 619 clarifies the conditions under which a business can accept and fill a customer-owned cup/container. Waste Reduction staff is available to help businesses establish a process that works for them. More information about the impact of using durables instead of single-use can be found at the links below:

 

 

Reusable Is Best. To the right of text box is image of durable dining ware including water bottle, glass cup, and ceramic tableware.

 

Why are these materials banned?

There are many benefits to eliminating the use of polystyrene plastic, foam products, and other plastic/bio-plastic packaging. It will lessen the impact of litter, reduce health concerns, conserve natural resources, and help to ensure the vitality of the Monterey Bay National Marine Sanctuary. 

This ordinance is not just about switching one material for another. If there must be disposables, we want the least harmful to human health and the environment. We think the best thing for the environment overall would be to reduce and, better yet, eliminate our reliance on single-use items by switching to durable, reusable dishware. Some options include business-provided in-house, through a third-party lender system, or allowing the use of clean reusable customer containers. Requiring certified PFAS-free and fiber-based disposable items reduces the demand for petroleum to make plastic and reduces the impact of litter to the land and marine environment.

25 Cent Cup Fee

Per Santa Cruz Municipal Code section 6.48.025, all food service providers are required to charge a “take-out fee” of 25 cents for disposable cups. This applies to hot and cold beverages. Sellers may not waive or absorb this fee. The fee must be clearly identified separately on any post-sale receipt. The food service provider keeps the 25 cent fee. None of the cup fee goes back to the City of Santa Cruz. This fee is intended to offset any cost difference of biodegradable, compostable or recyclable food service ware, and remain with the seller.

 

All food service providers are encouraged to charge a “take-out fee” of twenty-five cents for containers, lids, straws, stirrers and/or utensils. This fee is intended to offset any cost difference of biodegradable, compostable or recyclable food service ware. All food providers are encouraged to provide a twenty-five-cent credit for customers bringing their own reusable containers for to-go items. Businesses are encouraged to allow customers to have their clean and reusable cup filled to avoid the need for a disposable cup. 

25 Cent Cup Fee

Accessories Upon Request

California state law AB1276 requires that accessories like utensils, straws, and sauce packets are made available upon request only. Online ordering services and apps must also actively require customers to request accessories. Bundled accessories, like packets of utensils, are prohibited.  Self serve stations are okay. Not only does this mandate save money for the business but it also reduces unnecessary waste!  

Accessories Upon Request pictured the right of text in an assortment of items including utensils, straws, and sauce packets

 

Vendor Information

List of Vendors selling compliant items

World Centric Products- Exclusive Sell Sheet for Santa Cruz(PDF, 5MB)

ECO Products- Exclusive Sell Sheet for Santa Cruz(PDF, 474KB)

Apply for a 90 Day Waiver for the Service Ware Portion Only. Note: Blanket Waivers will not be granted. Requests must accompany documentation from the Vendor that item is currently unavailable.

Resources

One Page Flyer Summary(PDF, 1MB)

FAQ of common questions

Quick Guide Brochure(PDF, 4MB)

Check out the recording of the Webinar held on May 6th, 2021 (Grabación disponible en Español)- Topics discussed include the changes to the 2017 version of the Environmentally Acceptable Food Packaging Ordinance, implementing protocols to allow customers to return to bringing in their own cups for fill, the cost savings of switching to durables for dine in and finally, vendors were on hand to answer questions about ordering and pricing of compliant items.

 

Waiver Application for Food Service Ware Ordinance

Application for a 90 Day Waiver for Compliance with
Environmentally Acceptable Food Packaging Ordinance

The most updated amendments to the Environmentally Acceptable Food Packaging Ordinance went into effect March 8th, 2021. A business may apply for a 90 Day Waiver from compliance for the amendments to the Service Ware portion including: Cups, plates, bowls, food boxes, lids, utensils, and straws.  Alternative solutions will be considered with the applicant before a waiver is granted. 

Public Complaint Form for Noncompliant Businesses

Have you observed a local business that is not in compliance with the City's Food Service Ware Ordinance? 

The public is welcome to provide feedback to City staff regarding businesses not complying with the ordinance. 

Find the public complaint form here. 

Polystyrene Products: EPS #6

The Polystyrene Ban adopted in 2012 remains in effect. The ordinance prohibits the sale and distribution of polystyrene foam products that are not fully encapsulated in a more durable product in the City of Santa Cruz. This includes food service ware, coolers, and packing peanuts. Food vendors are prohibited from using polystyrene (#6 EPS) plastic/foam or rigid polystyrene plastic (#6PS- like clamshells) for food prepared and served within the City of Santa Cruz. 

Packing Peanuts: Polystyrene packing peanuts are not accepted for recycling and should be contained in a bag and placed in the trash.

Proper Disposal of Polystyrene: Polystyrene should be bagged and placed in the trash for disposal. 

Bag Ban

Per SCMC 6.49, Single-use plastic carry out bags are not allowed to be given out with the exception of certain instances. Retailers must charge 25 cents for each paper bag given out. 

Visit the Bag Ban page for more information. 

Special Events

Special events are required to comply with the ordinance. 

Special event organizers may forfeit their deposits and may lose the privilege of hosting future events in the City of Santa Cruz if they violate the ordinance. Fines are as follows: $200 for a 1 to 200 person event, $400 for a 201 to 400 person event, $600 for a 401 to 600 person event and $1,000 for an event of 601 or more persons. 

Reusables Are Best!

Allowing customers to use clean and reusable personal cups and containers saves money. 

  • Reduces cost and need for inventory of disposables
  • Is a good way to reduce litter
  • Can be done safely. Check out the Contactless Coffee Campaign as an example.

Recent legislation (AB619) clarifies the conditions under which a business can accept and fill a customer-owned cup and/or container.

This new law allows consumers to bring reusable containers to a food facility for filling, provided certain conditions are met. Clean consumer-owned containers may be filled by an employee or the customer, provided the food facility meets three requirements:

  1. Consumer-owned containers must be isolated from the serving surface, or the surface must be sanitized after each filling.
  2. Food facility is required to prepare, maintain, and adhere to written procedures that address cross-contamination prevention and wastewater disposal.
  3. Food facility shall ensure compliance with handwashing requirements specified in the California Retail Food Code (CRFC).

Waste reduction staff can offer guidance on creating written procedures utilizing publicly available information.

Customers 

Consumers can help reduce the waste and litter associated with disposable service ware.

  • Skip the stuff - It is estimated that 561 billion disposable foodware items are used and disposed of annually, resulting in a whopping 4.9 million tons of waste. Unused food accessories, including utensils, straws, napkins, and condiment packages, clog landfills, complicate recycling, and pollute streets and waterways in our communities. Ordinance-compliant businesses will ask you first if you want all that stuff, but being proactive by saying "No thank you" to items you don't need (like straws, utensils, and condiment packets) will help to change behavior and make a real impact on reducing waste. Upon request is now a State Mandate as outlined in AB1276
  • Ask to have your own clean reusable cup filled. Please note, businesses are not required to accept your cup or container; ensuring that it is clean will increase the likelihood they will fill it. 
  • Carry your own reusable utensils, straw, and cloth napkin when eating on the go. Don't forget to bring a reusable container for leftovers after you finish your "Dine in" meal. 

Contact Us

Caylie Soon

Waste Reduction Assistant 

csoon@santacruzca.gov

 831-420-5591 

Related Pages

Bag Ban Ordinance

EAFPO Public Feedback Form

EAFPO Waiver Application

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