“Food Service Ware” means any products used for serving or consuming
prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and other items used as part of food or beverage service or in which Prepared Food is placed or packaged on a Prepared Food Provider’s premises.
“Food Service Ware Accessory” means any type of accessory or accompanying items usually provided alongside Prepared Food in plates, containers, bowls, or cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, spill plugs, cocktail sticks, and toothpicks.
Prepared Food prepared or packaged in Cupertino using: Single-use Food Service Ware or Food Ware Accessories made, in whole or in part, from Polystyrene Foam;
Single-use Food Service Ware made, or Food Ware Accessories made, in whole or in part, from plastic including polyethylene, polyethylene terephthalate, polypropylene, polystyrene, even if accepted as recyclable by the City’s approved recyclables processing facility;
Single-use Food Service Ware or Food Ware Accessories that are Compostable and not certified free of Fluorinated Chemicals by an independent third-party certifying organization approved by the Director, or their designee;
Single-Use Food Service Ware or Food Ware Accessories made in whole or in part from bio- or plant-based or other “compostable” plastic even if labeled or certified as compostable;
(On/after 9/6/23) SALE OR DISTRIBUTION OF NON-COMPLIANT FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS: coolers, ice chests, or similar containers made, in whole or in part, from Polystyrene Foam that is not wholly encapsulated or encased within a more durable material.
Single-use plastic foodware and condiment containers only upon request:
Only reusable food service ware for dining on premises (except that disposable paper food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and plate liners, and straws shall be permitted)
Effective 10/6/2022. Full ordinance can be reviewed here.