California’s condiment law, Assembly Bill 1276, has been in effect since January 1, 2022. It bars food businesses from automatically handing out single-use utensils, straws, stirrers, chopsticks, and packaged condiments like ketchup or soy sauce. Customers must ask for them first.1California Department of Public Health. Assembly Bill 1276 Fact Sheet
What Items the Law Covers
AB 1276 reaches two groups of disposables. The first is single-use foodware accessories: forks, knives, spoons, sporks, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks.
The second is standard condiments, meaning any single-serving sauce, seasoning, or sweetener that needs no preparation and is typically added after cooking. That covers ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.1California Department of Public Health. Assembly Bill 1276 Fact Sheet
How the Request-Only Rule Works
The basic rule is simple. A food facility cannot provide any of the covered items unless the customer asks. No fork dropped into every to-go bag. No fistful of ketchup packets added as a courtesy.2California Legislative Information. California Code PRC 42271
The statute also blocks a predictable workaround. Businesses cannot bundle utensils, napkins, and condiments together in a package that forces you to take items you did not want in order to get the one you did. Each accessory type must be available separately so a customer can request only what they actually need.2California Legislative Information. California Code PRC 42271
Delivery Apps
Third-party delivery platforms are not exempt. The app must give customers the chance to request accessories during ordering, and participating restaurants must list their available accessories and condiments on the menu. Only the items a customer selects get added to the order, so the default on a delivery is no utensils and no condiments.1California Department of Public Health. Assembly Bill 1276 Fact Sheet
Drive-Through and Airport Exceptions
Drive-throughs get a narrow carve-out. Staff may ask a drive-through customer whether they want a utensil, but only when that utensil is genuinely necessary to eat the food or to prevent a spill in transit. The exception does not extend to proactively offering packets or straws.2California Legislative Information. California Code PRC 42271
A similar exception applies to food facilities located entirely within a public-use airport. Those businesses may ask walk-through travelers whether they want a single-use accessory.2California Legislative Information. California Code PRC 42271
Who Is Exempt
Three categories of facilities fall outside AB 1276 entirely:
- Licensed healthcare facilities, such as hospitals and clinics.
- Residential care facilities, including assisted living and group homes.
- Public and private school cafeterias.
If your operation does not fit one of those three categories, the request-only rule applies.1California Department of Public Health. Assembly Bill 1276 Fact Sheet
Penalties for Violations
Enforcement is handled locally. Cities and counties were required to designate a local enforcement agency by June 1, 2022, and that agency monitors compliance and issues penalties.3California Legislative Information. California Code PRC 42272
Penalties escalate on this schedule:
- First violation: notice of violation, no fine.
- Second violation: another notice of violation, no fine.
- Third and subsequent violations: an infraction carrying a $25 fine per day of noncompliance, capped at $300 per calendar year.
A business that slips up once or twice faces no financial penalty. Only persistent noncompliance triggers fines, and the annual cap keeps total exposure modest.3California Legislative Information. California Code PRC 42272
Plastic Straws and Disability Access
AB 1276 does not ban plastic straws. It only requires customers to ask for them. A person with a disability who needs a flexible plastic straw to drink safely can still get one by requesting it. The Americans with Disabilities Act requires places of public accommodation to provide auxiliary aids when needed, and legal scholars have argued plastic straws can qualify as auxiliary aids for certain disabilities. California’s request-only approach keeps the straw available rather than removing it from the premises.
Switching From Packets to Bulk Dispensing
Many restaurants responding to AB 1276 have moved from individual packets to pump dispensers, squeeze bottles, or self-serve condiment stations. Those alternatives carry their own rules under the FDA Food Code. Condiments must be protected from contamination and kept in dispensers designed for that purpose, in their original containers, or in protected food displays with proper utensils.4Food and Drug Administration. FDA Food Code 2022
The practical test is whether the dispensing method prevents customers from touching the supply itself. A squeeze bottle customers handle on the outside is fine. An open bowl of ketchup on a counter is not. The 2022 Food Code also added a written allergen notification requirement for food, including condiments, offered for self-dispensing.4Food and Drug Administration. FDA Food Code 2022
If you are also sourcing compostable foodware to replace plastic items, know that grease-proofing chemicals containing PFAS are no longer sold for use in U.S. food packaging. The FDA announced in February 2024 that manufacturers had fulfilled a voluntary commitment to stop selling PFAS-based grease-proofing agents used in fast-food wrappers, takeout containers, and similar products.5U.S. Food and Drug Administration. FDA, Industry Actions End Sales of PFAS Used in US Food Packaging Some early compostable containers used PFAS coatings, so when you buy replacements, confirm they are certified free from intentionally added PFAS. BPI certification, for example, requires no intentionally added PFAS and compliance with ASTM D6400 or D6868 standards for compostability.