All public eating establishments in Alameda County must comply with the Reusable Bag Ordinance. Unlike retail stores, restaurants may provide paper bags for free.

Who Must Comply

The ordinance applies to all businesses selling prepared food and beverages to the public, including:

  • Restaurants and cafes
  • Coffee shops and bars
  • Food trucks
  • Bakeries and delis
  • Cafeterias
  • To-go vendors
  • Delivery services
  • Ordering platforms (DoorDash, Uber Eats, etc.)

Information for Wineries – which may be considered retail shops, eating establishments, or both.

Exempt: Temporary food vendors at flea markets and farmers' markets.

Requirements

1. Single-Use Plastic Bags Prohibited

Eating establishments and their delivery partners cannot distribute single-use plastic bags.

2. Charge for Reusable Plastic Bags

If you offer compliant reusable bags (including thick, reusable plastic bags):

  • Charge at least 10 cents per thick plastic bag
  • Paper bags can be provided for free.
  • Itemize the charge on receipts
  • The charge is not subject to sales tax

Exempt Packaging

The following are NOT considered carryout bags and are exempt:

  • Bags without handles used to protect food items (soup containers, etc.)
  • Containers for prepared foods
  • Bags used for hot food items
  • Packaging that prevents spillage

Takeout and Delivery

For takeout and delivery orders:

  • Single-use plastic bags are prohibited
  • Paper bags may be provided at no charge
  • Encourage customers to bring their own bags when picking up orders

Delivery platforms (DoorDash, Uber Eats, etc.) must also comply. We encourage delivery services to work with eateries to establish the type of bag that will be used (if any) and add any associated charges into their online ordering systems. The restaurant keeps the 10-cent charge for a durable, reusable plastic bag, which is not subject to tax but must be itemized on the receipt. Paper bags are exempt from any charges. Affected businesses that do not comply with the law are subject to fines.

Wineries & Restaurants Inside a Retail Store

If your eating establishment is located within a retail store:

  • Separate register for prepared food: Eating establishment rules apply (paper bags free)
  • Combined purchase with merchandise: Retail rules apply (minimum 10-cent charge)
Information for Wineries

Penalties for Non-Compliance

Eating establishments that fail to comply face fines ranging from $100 to $1,000 depending on the nature and severity of the violation.

See Enforcement for details on violations and citations.

Compliance Checklist

  • Confirm no single-use plastic bags are distributed
  • Source compliant recycled paper bags
  • If offering reusable bags, update POS to charge and itemize fee
  • Train staff on requirements
  • Inform delivery partners of bag requirements

Free Resources

Outreach materials are available to help communicate with customers:

  • Flyers and letters for your establishment
  • Available in multiple languages
Request Free Materials

Related Legislation

Foodware accessories upon request only (AB 1276)

Under a related California law (AB 1276), eating establishments may only provide disposable foodware accessories upon request. This includes:

  • Utensils (forks, knives, spoons, sporks)
  • Chopsticks
  • Straws and stirrers
  • Condiment cups and packets

Do not automatically include these items with takeout or delivery orders.

Learn more about AB 1276
weighing food for donation

Food Donation Requirements

Donate Surplus Edible Food (SB 1383)

Restaurants over 5,000 sq ft or with 250+ seats are required to recover and donate surplus edible food under SB 1383 (effective January 2024). This is a separate requirement from bag compliance.
Check Food Donation Requirements

Questions?

Email: bags@stopwaste.org | Phone: (510) 891-6575