City Foodware Ordinance - Effective January 1, 2023
Mountain View food facilities serving prepared food using non-reusable foodware or foodware accessories must meet the following requirements beginning January 1, 2023:
- Foodware (plates bowls, cups, wrappers, other containers) must be compostable natural fiber or made entirely of recyclable aluminum. Fiber-based foodware may have a certified compostable plastic lining.
- Compostable foodware must be certified free of fluorinated chemicals (PFAS) by a City-approved third party.
- Straws, stirrers, toothpicks and food picks cannot be made from or packaged in plastic or compostable plastic (except for plastic straws provided on request to those with medical or physical needs).
Disposable plastic foodware, including items made from compostable plastic, are prohibited under the ordinance. Polystyrene "foam" foodware remains banned in Mountain View, as it has been since 2014.
The City has approved the following third-party certification organizations to verify that foodware is free of regulated PFAS and that any allowed compostable plastic lining is biodegradable:
Read the full text of the adopted Foodware Ordinance here. For more information, consult these resources:
For more information, contact Recycling & Zero Waste at 650-903-6311 or Recycle@MountainView.gov.
Exemptions and Waivers
The City's Foodware Ordinance contains the following exemptions:
- Prepackaged food is exempt, if provided to the consumer in the original packaging.
- Plastic straws may be provided on request to customers who need them due to disability, medical or physical conditions or circumstances. Health care facilities may distribute plastic straws to patients at their discretion, with or without a request.
- Foodware items may be designated as temporarily exempt by the City if no reasonably feasible compliant alternative exists.
- During an emergency, the Foodware Ordinance regulations are suspended until the emergency is terminated.
Food facilities may apply for a waiver if compliance with the Foodware Ordinance will impose a unique hardship not generally applicable to other persons in similar circumstances, including, but not limited to:
- An undue economic hardship.
- Use of a foodware item for which a suitable compliant alternative does not exist. This could include items such as specialty or custom packaging. Before applying for a waiver for a specific foodware item, please check the current list of temporarily exempt items.
Waivers are valid for no more than one year from date of issue. Food facilities must reapply to extend the waiver an additional year.
Please note that waivers are not available for AB 1276, the state accessories on request law.
Enforcement and Violations
City staff will investigate alleged violations of City and State foodware regulations. Non-compliant businesses will receive educational materials to help them understand and meet the regulations. Repeated AB 1276 violations shall result in fines as outlined in Public Resources Code Section 42272. Repeated violations of the City's Foodware Ordinance may result in fines or other penalties described in the City Code.
If you receive a Notice of Violation for either AB 1276 or the City's Foodware Ordinance, please follow the steps outlined on the Notice to bring your facility into compliance with the applicable code section. For questions, contact Recycling & Zero Waste at 650-903-6311 or Recycle@MountainView.gov.
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