Sustainable Foodware | City of Albany, CA

The City of Albany is working to reduce waste by encouraging more sustainable foodware in restaurants. The City of Albany’s Sustainable Foodware Ordinance regulates the use of disposable food service ware to reduce single-use plastic and promote a circular economy.

Background and General Information

On September 16th, 2024 the City Council passed Ordinance 2024-05, establishing sustainable foodware requirements for food vendors. This ordinance is part of the City's Climate Action and Adaptation Plan (CAAP) goal to reduce greenhouse gas (GHG) emissions reductions by 70% by 2035, and by 100% by 2045. It will also help reduce waste, litter, and public exposure to harmful chemicals.

Enforcement of the ordinance will begin in October 2025 so businesses have ample time to come into compliance.

Information for Businesses

Below is a variety of resources and information designed to help restaurants and other food service businesses in complying with the City of Albany’s Sustainable Foodware Ordinance. These tools will assist with transitioning to compliant foodware, adopting appropriate practices, and communicating with customers. Additionally, these practices will reduce costs and waste for restaurants while furthering the City’s climate action goals.

Ordinance Information

The City Council adopted Ordinance 2024-05 on September 16th. The ordinance will go into effect on October 16th, 2025.

A basic summary of the Ordinance is as follows:

Requirements for dine-in foodware:

Must have reusable foodware containers and utensils.

May use disposable items for certain foodware accessories, as long as they are made of compliant natural fiberware material

Condiments must be offered in reusable packaging or dispensers.

Requirements for take-out foodware:

Take-out foodware must be reusable, or compostable disposable items made from natural fiber (no compostable plastic), or items composed entirely of recyclable glass or aluminum.

Accessories by request / cup charge:

All accessory food items shall have to be requested by customer to be included, or provided at a self-serve station

Customers charged 25 cents for each disposable cup (income retained by food vendor)

Enforcement

Ordinance not enforced for 12 months after approval to provide time for businesses to comply

Hardship exemptions available

Businesses may be fined for non-compliance, but emphasis is on education and assistance

This workshop presentation went over the requirements, opportunities for funding, the environmental impact of food packaging, local initiatives, and innovative solutions that can assist a business with compliance. More information and resources will be available soon.

Technical Assistance

Technical Assistance and funding to convert to reusable foodware is currently available via Rethink Disposable, a Clean Water Action program to help food business operators reduce waste and cut costs by minimizing disposable packaging items. Contact Rethink directly by visiting the link or email foodware@albanyca.org for more information.

Case Studies:

Shrish Grill Case Study

Hang Ten Boiler Case Study

Pamphlets and Flyers

Purchasing guide- coming soon!

General Information and FAQ

What are Compostable Plastics and why can't they be composted in Albany?

Compostable plastics or "bioplastics" have a similar structure to traditional plastic, but rather than being made from petroleum, they are made from organic materials such as corn starch. Compostable plastics come in many forms including both hard plastics and film plastics. Some foodware products are made entirely from compostable plastics, such as plastic cups or containers. Other products consist mostly of fiber but have a compostable plastic film to prevent leakage.

In Albany, Waste Management does not accept any compostable plastics in the organics stream because they do not compost under the standard composting procedure, as they need higher temperatures and wetter conditions to decompose properly. These conditions can be met at an industrial compost facility, but not at Albany’s collection site. This is the same case for PLA, or Polylactic acid, lined materials, which fall under the same category as bioplastics or compostable plastics. They are commonly advertised as compostable, though this is misleading for businesses. Only 100% fiber-based products are compostable in Albany. Items containing “compostable” or “biodegradable plastic” should be placed in the trash cart to avoid contaminating organic compost loads. The city discourages the purchase of these items, as they cause confusion and contaminate organics and recycling loads.

What are PFAS?

PFAS are synthetic chemicals commonly used in disposable foodware made from paper/fiber, including compostable paperboard containers, to repel water and grease. These chemicals pose a public health risk as they have been linked to serious health effects including kidney and testicular cancer, thyroid disruption, delayed puberty, and obesity.

Beginning on January 1, 2023, state law AB 1200 banned the sale and distribution of ALL fiber/paper-based foodware containing PFAS throughout the State. This includes all accessories (e.g., straws, stirrers, utensils, and cocktail/toothpicks, napkins, etc.) as well as food contact paper (e.g., wraps, bags, tray liners, etc.).