Sustainable Foodware and Waste Reduction Ordinance 

Review and comment on the Sustainable Foodware and Waste Reduction Ordinance information.  

Alexandra Ikeda, Deputy City Manager 

As part of the Open Space, Active Transportation, and Sustainability (OSATS) Commission's Work Plan for Fiscal Year 2026/27, the Commission was tasked with evaluating a sustainable foodware and waste reduction ordinance. This items was brought forward as part of American Canyon's sustainability efforts and at the request of Napa County. This report provides an overview of Napa County's approach for American Canyon's considerations. No ordinance is being proposed at this time. The purpose of this item is to begin the conversation and receive initial comments from the Commission to help guide further evaluation and conversations. 

Napa County adopted a Reusable and Compostable Foodware Ordinance that applies to restaurants, bars, wineries, hotels, caterers, mobile and temporary food facilities, nonprofit organizations, and certain events. The ordinance reduces the use of single-use foodware for prepared dine-in and takeout food items. Key requirements of Napa County's ordinance includes: 

• Dine-In: Foodware and utensils must be reusable. Compostable foodware must be available at no charge for customers taking leftovers. 
  
  Takeout, Delivery, & Curbside Pickup: Foodware and accessory foodware must be compostable or an approved recyclable materials. Takeout foodware must be natural-fiber compostable or recyclable aluminum. Polystyrene foam (Styrofoam) foodware is prohibited. 
  
  
• Accessory Foodware & Condiments: Single-use accessories, including utensils, straws, stirrers, and condiments, may only be provided upon customer request and cannot automatically be included with an order. Customers must be able to request these items whether ordering online, by telephone, or in person. 
  
  
• Food Bags: Takeout bags must be made of at least 50% recycled paper material. Single-use plastic bags may be used for liquid food items, such as soups, beverages or foods with liquid sauces, when necessary to prevent leakage. Customers may also bring their own reusable bags. 
  
  
• Events: The requirement apply to event organizers, vendors, nonprofit organizers, and other parties that sell or provide food or beverages at events. Reusable foodware is encouraged where feasible but is not required. When reusable foodware is not used, foodware and accessories must be compostable. Polystyrene foodware and accessories are prohibited.  
  
  
• Customer-Provided Foodware: Customers may bring their own reusable foodware and accessories for takeout orders or leftovers. Businesses may decline customer provided container if it does not meets applicable health and sanitation requirements. 
  
  
• Foodware Charge: Prepared food vendors must charge $0.25 for each compostable foodware item, up to a maximum of $1.00 per order. The charge must be itemized on the customer's receipt. Businesses may provide discounts to customers who bring reusable foodware but are not required to do so. Exemptions from the charge including qualifying EBT and WIC customers, pizza boxes, containers  used for dine-in leftovers, and foodware used at events or temporary events. 
  
  
• Waste Sorting: Where customers bus their own foodware, clearly marked garbage, recycling, and compost containers must be provided. 

The ordinance also includes requirements for waste sorting, employee training and recordkeeping, inspections, and enforcement. In Napa County, the Director of Planning, Building and Environmental Services is responsible for administering and enforcing the ordinance and is authorized to conduct inspections of prepared food vendors to verify compliance. Napa County's Environmental Health Division also has an implementation role, including reviewing request for temporary waivers (up to 2 years) and conducting inspections when necessary as part of the review. Certain facilities are exempt from the polystyrene prohibition, including correctional institutions, specified healthcare and residential care facilities, and public and private school cafeterias.

The ordinance took effect on January 1, 2026, with enforcement beginning July 1, 2026. This provided a six-month implementation period allowing time for outreach and education. 

Applicability and Local Adoption 
Napa County's ordinance applies only to the businesses and events located within the unincorporated areas of Napa County; it does not apply within incorporated cities. To date, the cities within Napa County have not adopted the County's model ordinance. The City of Calistoga, however,  adopted its own Reusable Foodware and Waste Reduction Ordinance in March 2023. 

American Canyon Considerations 

While Napa County's ordinance provides a model for consideration, American Canyon would need to evaluate how similar requirements could be implemented locally. Key considerations include impacts to local businesses, nonprofit organizations, community events, coordination with Recology and the Chamber of Commerce, education and training, and administration and enforcement. 

• American Canyon Businesses: A reusable foodware ordinance could affect restaurants, bars, hotels, caterers, food trucks, and other businesses that provide prepared food. Requirements for reusable dine-in and takeout foodware could increase operational costs associated with supplies, staffing, storage, dishwashing, and waste sorting. Businesses may also need to dedicate additional staff time to washing and handling foodware, properly sorting waste, training employees, maintaining records, and ensuring ongoing compliance with the ordinance 
  
  
• Community Events & Nonprofit Organizations: This would include food trucks, temporary food vendors, nonprofit organizations, and other groups that sell or provide food and beverages at community and special events. Considerations include the costs and availability of compliant foodware, waste sorting requirements, outreach and education, and additional staff or volunteer time needed to comply. 
  
  
• Coordination with Recology & Chamber of Commerce: Confirm acceptable foodware and waste sorting requirements, and engage local businesses to understand operational impacts and implementation needs.
  
  
• Coordinate with Calistoga: Engage with the City of Calistoga to learn about its experience implementing and enforcing its ordinance, including administrative responsibilities, business compliance, challenges, and lessons learned. 
  
  
• Foodware Charges, Waivers & Exemptions: Consider whether American Canyon would establish a foodware charge similar to Napa County and what exemptions or temporary waivers may be appropriate for businesses, customers, organizations, or facilities. 
  
  
• Education & Training: Determine what education and training will be needed for businesses, employees, and event organizers, and who will be responsible for developing and providing those resources.
  
  
• Administration & Enforcement: Determine recordkeeping and compliance requirements for businesses and other affected organizations, who will be responsible for administering and enforcing the ordinance, and what staff resources will be required.

Next Steps

Staff will conduct additional research and outreach with Recology, the Chamber of Commerce, the City of Calistoga, local businesses, nonprofit organizations, and community event organizers. This work will help identify local impacts, implementation needs, and potential operations for a sustainable foodware and waste reduction ordinance in American Canyon. 

Not Applicable 

This staff report serves as formal communication on this item.