Disposable Foodware Policy Toolkit

Documenting how Berkeley passed the nation's first comprehensive foodware reduction law — and how you can do the same in your community.

About the program

Supporting communities in reducing single-use disposable foodware through policy

In 2019, the City of Berkeley accomplished what few could do before: it passed a city ordinance to reduce single-use disposable foodware and litter. The Ecology Center teamed up with local, national, and international nonprofits to document what they did — and to inspire others to make similar changes in their own communities.

This page is for advocates, community organizers, municipal staff, and elected officials looking to establish or strengthen disposable foodware reduction policy in their jurisdiction.

How to Pass a Foodware Ordinance

It's time to join Berkeley in reducing disposable foodware in your community.

Understanding the Problem

The Rise of Single-Use Disposable Plastics

The main galvanizing force for a foodware reduction ordinance is the fast-growing use of disposable foodware. In the US, grab-and-go meals, takeout, and delivery have normalized disposable foodware — creating enormous waste, litter, and health impacts that our recycling systems cannot resolve.

The Trouble with "Compostable" Foodware

Compostable substitutes are not a silver bullet. Many products labeled "compostable" are:

Petroleum-based "degradable" options that aren't truly compostable
Plant-based but only compostable under specific industrial conditions
Contaminated with PFAS chemicals (fluorinated grease/water barriers on paper-based products)

Most municipal composting facilities now operate on 90-day cycles — too short for bioplastics to break down.

End-of-Life Problems

Disposable foodware floods Berkeley's streets, creeks, and shorelines
It contaminates recycling and compost streams
Street sweeping, litter cleanup, and storm drain maintenance impose large operational costs on the City
Berkeley has no landfill or incinerator — its plastic waste burden falls on other communities

Lessons from China's Plastic Import Restrictions

By 2020, China's National Sword policy, the Basel Convention amendments, and import bans across Southeast Asia had effectively ended all significant markets for mixed plastics (#3–7). What was once exported is now primarily landfilled or incinerated domestically.

"It was clearer than ever that Berkeley needed to find a solution to prevent this waste in the first place, and that there is no way to recycle your way out of the plastic packaging crisis."

Convene a Coalition

Building Your Team

Following a 2016 strategy meeting with national plastic reduction leaders, the Ecology Center convened Bay Area advocates and community members to form a multi-stakeholder coalition. Early decisions established:

The overall objective: decrease the amount of disposable foodware generated and disposed of in Berkeley
A theory of change framework to guide action
Three subcommittees: Legislative, Business Outreach, and Community Outreach

Legislative Committee
Worked on drafting ordinance language, building support with City staff, Council, and the Mayor. Collaborated closely with Councilmember Sophie Hahn as the Council "champion."

Business Outreach Committee
Led by Clean Water Action's ReThink Disposable, this committee conducted vendor surveys, met with every Business Improvement District (BID) and the Chamber of Commerce, organized visits to concerned businesses with councilmembers, and secured business spokespeople in support of reusable foodware.
Key finding: 58% of food vendors surveyed supported a $0.25 disposable cup charge if all vendors were required to charge it and they got to keep some or all of the fee.

Note: The State of California covers ALL fees related to the POS. You incur no costs when using a CDSS-issued POS. However, the CDSS device can NOT accept credit or debit cards.

Community Outreach Committee

1,000

Collected nearly 1,000 petition signatures at local farmers' markets, built an email list of supporters, organized press releases and events, and led public comment at the final City Council vote.

Establish Baseline Agreements

Before drafting ordinance language, the coalition aligned on four foundational agreements. Any successful ordinance should be:

Acceptable to food vendors — vendors must see it as feasible and fair
Feasible to pass, implement, and enforce — city departments must be able to carry it out
Built on prior successes — learn from carryout bag reduction laws and other anti-disposable legislation
Comprehensive — designed to serve as a model ordinance for other jurisdictions

A central mantra: it needed to be adoptable, meaning concessions would be made and no single stakeholder's ideal would be fully met.

A central mantra: it needed to be adoptable, meaning concessions would be made and no single stakeholder's ideal would be fully met.

Lessons from Plastic Bag Reduction

The bag reduction experience yielded several principles that shaped the foodware ordinance:

Charges work, but don't make it a tax. Making cost visible drives behavior change. In California, local taxes require a ballot measure; charges do not.
Let businesses keep the money. Allowing food vendors to keep the charge offsets transition costs and neutralizes opposition.
Change the question. Rather than "paper or plastic?" → "do you need a bag?" The goal for foodware: rather than "for here or to go?" → "do you need a cup?"
BYO works. Customers adapted quickly to bringing their own bags; the same applies to cups and containers.
Stay focused on reduction. Substituting one disposable for another (plastic → paper) misses the point. The goal is prevention.

Draft the Ordinance

The Three-Phase Approach

The Single Use Foodware and Litter Reduction Ordinance was structured in three phases, each with an enactment date followed by an enforcement date one year later — giving businesses and consumers time to adjust.

Phase One — Enacted January 22, 2019; enforced January 22, 2020

Foodware accessories (straws, utensils, etc.) provided by request only or at a self-serve station
City must use reusable or BPI-certified compostable foodware at all facilities and City-sponsored events
Three-bin waste system (landfill, compost, recycling) required for vendors with self-bussing
BYO is allowed; vendors may refuse to accept customer containers

Phase Two — Enacted January 2020; enforced 2021

BPI-certified compostable required for all vendors
$0.25 cup charge
Charge visible on menus, signs, and receipts
Waivers available for disposable foodware alternatives

Phase Three — Enacted July 2020; enforced July 2021

All dine-in service must use reusable foodware
Technical assistance, mini-grants, and hardship waivers available

Who the Ordinance Covers

Covered vendors:
Coffee/tea shops, bakeries, farmers' markets, food trucks, taquerias, fast food/fast casual, gas stations, and theaters.

Excluded:
Manufacturers, schools/universities, and spaces that provide food but do not sell it (e.g., religious organizations, soup kitchens).

Compliance Structure
Enforcement was designed to be gradual and community-based. A notice of non-compliance is issued first; if the vendor doesn't remedy it or apply for a hardship waiver, fines follow. The ordinance was unanimously passed by Berkeley City Council on January 22, 2019.

Engage Stakeholders

In celebration of Earth Day 2018, Councilmember Hahn formally introduced the ordinance with a referral item to the Zero Waste Commission — a citizen advisory body. Over five months, the Commission held six public meetings at varied times and days to maximize accessibility, collecting 65 pages of public comments.

In December 2018, Berkeley also launched an online survey receiving 112 responses, with 75% in support of the proposal.

Key Stakeholder Groups

City departments: Department of Public Works (stormwater/solid waste), Economic Development, Environmental Health
Food businesses: Small family-run businesses, BIDs, Chamber of Commerce
Disability community: Advocates for plastic straws; resulted in language allowing businesses to keep plastic straws available by request
Zero Waste Commission: Coordinated public input and submitted key findings and recommendations to Council
Coalition partners: Upstream, ReThink Disposable, Surfrider Foundation, Greenpeace, Plastic Pollution Coalition, GAIA, The Story of Plastic

Navigate Challenges

Unanticipated Challenges

Minimum wage increase: Berkeley's $15/hr minimum wage took effect during final drafting, increasing business costs and resistance to new operational requirements. Response: phased timeline, hardship exemptions, and case studies showing reusables actually save money.
Disability community pushback: Last-minute concerns about plastic straw bans. Response: ordinance language was amended to allow businesses to keep plastic straws on hand for customers who need them.

Anticipated Challenges That Did Not Materialize

Strong industry opposition (from fast food chains, restaurant associations, plastic manufacturers) was expected but did not emerge — due to Berkeley's strict campaign contribution limits ($250 maximum per entity) and zoning that favors small local businesses.

Pass the Ordinance

The campaign followed three phases:

Initiate: Envision the desired outcome → explore policy options → collaborate with key stakeholders → prepare to build

Build: Align the larger team on purpose and objectives → engage impacted stakeholders → respond to feedback → adjust ordinance language

Close: Consolidate all feedback into a cohesive, passable policy → defend the policy publicly → turn out supporters at the City Council vote → celebrate the win

Key Success Factors

Multidisciplinary team with deep knowledge of the municipality
Early stakeholder engagement across all groups (city council, food vendors, disability community, waste service provider)
Cost savings analysis for councilmembers in opposition
Council champion (Councilmember Sophie Hahn) involved from the start
Willingness to make concessions — e.g., prioritized the cup charge and dropped the container charge for a later phase
Unanimous passage at the January 22, 2019 City Council meeting with nearly two hours of public comment

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