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Waste Reduction Regulations Ordinance

Waste Reduction Regulations Ordinance

The Goal: Reduce Single-Use.

Many single-use plastics, paper cups, cutlery, and takeout containers cannot be recycled locally. Even "compostable" plastic (bioplastic) items are not accepted in many local compost programs.

The City of Burbank aims to tackle the issue of single-use plastic waste with the adoption of the Waste Reduction Regulations Ordinance. This ordinance mandates better foodware options and eliminates unnecessary dining accessories in order to cut down on plastic litter, stormwater pollution, and resource consumption. 

AB 1276 Information

Key dates and provision of the ordinance include:

AB 1276 or "Upon Request":

Effective March 15, 2024, in conjunction with State of California policy AB 1276, the ordinance prohibits food service businesses from providing single-use foodware accessories, such as utensils, stirrers, or condiment packets to customers unless requested. (This joins other existing State “upon request” policies, such as straws and serving water at sit-down restaurants.)

Expanded and rigid polystyrene (foam items, commonly identified as #6 or PS):

Effective July 1, 2024, the ordinance prohibits the use or sale of polystyrene packaging and foodware.

Plastic water bottles at City events and facilities:

Effective July 1, 2024, the City of Burbank will cease the purchase of plastic water bottles for city events and facilities, with limited exceptions.

Non-recyclable and non-compostable foodware for take-out:

Effective January 1, 2026, the ordinance prohibits food service businesses from using non-recyclable and/or non-compostable foodware. Businesses will be required to provide recyclable and/or compostable per- and polyfluoroalkyl free substance (PFAS-free) foodware for take-out customers. PFAS are long-lasting chemicals, components of which break down very slowly over time and may have harmful effects on humans and animals. 

Reusable foodware for dine-in:

Effective January 1, 2026, the ordinance prohibits Burbank food service businesses from providing disposable foodware for customers dining on-site.

Send questions to [email protected].

On March 15, 2024, the Burbank City Council adopted the Waste Reduction Regulations Ordinance. This Ordinance updates Title 4, Chapter 2, of the Burbank Municipal Code (“BMC”) by adding Article 4 to the BMC.

The intent of the policy, which goes into effect on July 1, 2024, is to add additional regulations related to food-related items to strengthen waste reduction efforts within the City, demonstrates a commitment to environmental sustainability and further protects health, safety, and welfare of the public and the City.

BUSINESS NOTIFICATION FLYER:
Waste Reductions Regulations 101: 
The City of Burbank emailed this notice to local businesses regarding the new polystyrene ban, as well as information regarding the upcoming move to reusables for dine-in service in 2026.

Under State Law, AB 1276 (effective January 1, 2022), food or beverage facilities may provide unbundled, disposable foodware accessories or condiment packets to a dine-in or take-out customer ONLY if the customer requests them.  This includes any third party delivery or ordering services. 

SINGLE-USE FOODWARE ACCESSORIES INCLUDE:
  • Utensils, which is defined as forks, knives, spoons, and sporks 
  • Chopsticks 
  • Condiment cups and packets 
  • Straws 
  • Stirrers 
  • Splash sticks
  • Cocktail sticks
CONDIMENTS INCLUDE:
Taste enhancements used on a food item after preparation.
  • Relishes
  • Spices
  • Sauces
  • Confections 
  • Seasoning 
TO COMPLY:
  • Educate your staff that these items must be requested by customers.
  • Post signage instore, online, and at the drive-through area to let consumers know they may ask for items they need or employees can be trained to ask customers what they need.  (See Business Toolkit section for optional signs)
  • Keep the requests to what the customer ordered.  If they request one packet of ketchup, then only one is given out.
  • Unbundle single-use foodware items, such as forks and napkins.
  • Self-serve stations are allowed as long as these items are not bundled or wrapped.
  • Update your online ordering menus, including Third Party ordering and delivery partners to allow consumers to request each available single-use foodware item (accessories and condiments).
Enforcement will be phased in to allow businesses time to successfully transition to new practices and source alternative products.

The first form of enforcement will include a written notice of non-compliance and give businesses 60 days to correct the issues prior to issuance of any administrative citations.
 

If administrative citations are necessary, the first offense is $100, the second $200, and the third and subsequent offenses are $500.

To provide feedback or report SB1383/AB1276 violations, complete the Recycling Services, Foodware Accessories, and Edible Food Donation Complaints form. 

Businesses experiencing undue hardship due to the unavailability of alternative or suitable products, challenges by space, and/or financial issues may be exempt from complying with the ordinance through a case-by-case waiver application process.  

Check back for information on waiver applications.

EXISTING STATE LAWS

Learn about the state law that aims to drastically reduce organic waste and reduce methane emissions.

View details regarding the regulation of "upon request" single-use foodware utensils and condiments.

Find information regarding plant-based food packaging and the ban on foodware containing PFAS or "forever chemicals". 

Read about the Plastic Pollution Prevention and Packaging Producer Resonsibility Act establishing recyclable and compostable packaging standards. 
additional resources

Single Use is Rubbish 
Much of this material ends up in local landfills or even worse, as litter that creeps into waterways that flow to Los Angeles County beaches and the Pacific Ocean.

  • In 2016, the U.S. generated more plastic trash than any other country—46.3 million tons of it, according to a 2020 study published in Science Advances. That's 287 pounds per person in a single year! 

  • Plastic production is expected to more than double by 2050, and even if it doesn't, the plastic trash that people continue to throw away will still have to go somewhere (Consumer Reports). 

  • The problem with plastic recycling is that it is expensive to collect and sort. There are now thousands of different types of plastic, and none of them can be melted down together. Plastic also degrades after one or two uses.   

Plastic is Toxic If it Persists in the Environment

  • By the time these disposable products are in your hands, they've already taken a toll on the planet: Plastics are mostly made from fossil fuels, in an energy-intensive process that emits greenhouse gases and creates often hazardous chemicals.  

  • Millions of tons of plastic floats in the ocean in giant islands of plastic trash.

  • While it floats and degrades, the plastic leaches marine-toxic chemicals into the water (MarineSafe).

  • Unknown quantities have broken down into tiny toxic microplastic particles that act in the same way as micro beads, attracting and binding other pollutants and making themselves more toxic in the process. 

  • Greenpeace found the more plastic is reused the more toxic it becomes (NPR).
Learn more: Single-Use Plastics 101 (nrdc.org)

How businesses benefit 
It’s time we all learned to “skip the stuff”!  Too often excessive amounts of accessories and condiments are given out with food orders that end up going in the trash, unopened.  Not only is this an unnecessary cost to a business but it also is frustrating to the customers that are forced to throw away perfectly useful items because they did not need them.

State of California law, AB 1276 ("upon request" accessories), levels the playing field for all food service businesses with a consistent policy.  Simply having the customers request the accessories they need saves money by reducing the quantities of needless single-use items given away for free, and creates less trash overall.   

Banning PFAS in Foodware: 
PFAS, dubbed “forever chemicals,” are synthetic molecules that don’t break down in the environment and are linked as contributors to a host of health issues. AB 1200 and AB 1201 are new California laws that prohibit the use of per- and polyfluoroalkyl substances (PFAS) in food packaging and goods marked as compostable starting Jan. 1, 2025. 

The new law also requires manufacturers of such packaging to use “the least toxic alternative” when replacing PFAS.

Better Foodware Options:  
Single-use plastic items use more water, energy and resources to produce than what would be needed to wash reusable items. Businesses can do their part now in reducing this waste by starting to make the transition away from polystyrene and other unrecyclable takeout ware. Ask your current supplier about more sustainable alternatives. 

Encourage Customers to BYO
(Bring Your Own) 
California law, SB619, allows customers to bring in their own reusable food containers at food and beverage establishments.  It is helpful to promote this to customers as an option that support waste reduction efforts.  Some businesses already offer discounts on BYO to provide incentives.

 

Make sure you communicate to your customers all the sustainable efforts your business is making. Doing this also helps to keep your employees motivated and establishes consistent operating procedures.

Resources for Transitioning to Reusables and More Sustainable Options