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Reusable foodware ordinance

Restaurants, mobile food, delicatessen, cafeterias, etc. must use reusable or compostable foodware.
Reusable foodware comparison diagram includes 3 sections: Bring your own reusable is best, Compostable or aluminum is okay, and Plastic and plastic-lined is banned. See "key features of the ordinance" below for details.

Why an ordinance?

Reducing the amount of disposable items we consume is not only better for the environment, it can reduce the amount of waste in the community and lowers the amount of greenhouse gas emissions used to produce the disposable product in the first place. On May 10, 2022, the Marin County Board of Supervisors adopted the Reusable Foodware Ordinance.   

Environmental Health Services works with all of Marin to help operators comply with the Reusable Foodware Ordinance. All cities and towns have adopted this County ordinance with the exception of Corte Madera who has their own. Contact the Town of Corte Madera to learn about their foodware ordinance. The goal of our office is to educate food businesses about what is trash, what is recyclable, and what is compostable. This will help businesses comply with the ordinance and reduce the amount of waste that goes to landfills. Enforcement of the Reusable Foodware Ordinance began on November 10, 2023.

Key features of the ordinance

  • All takeout disposable foodware must be natural-fiber compostable (no bio plastics).
  • Takeout foodware (e.g., plates, bowls, cups, trays) must be certified by the Biodegradable Products Institute (BPI).
  • Reusable foodware and utensils must be used if a customer is dining in at a restaurant. Single use foodware is for takeout customers only. 
  • Takeout foodware accessories (e.g., utensils, straws, stirrers, condiment cups, tray liners, etc.) must be natural-fiber compostable and only available “upon request” or at takeout station.
  • All food vendors must charge a 25-cent fee for each disposable cup (compliant or not).
  • Garbage, Recycling, and Organics bin must be in front (for customers) and back of house (for employees) with graphic-rich signage. 

By understanding these basics, businesses and residents in Marin County can contribute to a more sustainable future. Review the business toolkit for reusable foodware in English or Spanish for more information. For questions regarding the ordinance please email us.

Who is affected?

Any business that sells food ready for consumption onsite or take-out in Marin County.

  • Restaurants, bars, fast food, mobile food trucks
  • Farmers markets and temporary food operators 
  • Bakeries, quick-stop food service, coffee shops 
  • Hospital cafeterias
  • Delicatessens and grocery store deli service

How can my business comply?

Review the business toolkit for reusable foodware in English or Spanish and make sure your business or service meets the outlined requirements. 

Where can I find approved alternatives? We've created a purchasing guide for reusable foodware as a resource to help you understand your options.

What happens if my business doesn't comply?

Violations of the provisions of the ordinance will result in administrative citations and fines. The penalties and fines shall be enforced as follows: $100.00 for a first violation, $200.00 for a second violation within 12 months, and $500.00 for third and additional violations within 12 months.

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Page last updated on December 11, 2024.