Foodware

The Ordinance requires that all disposable foodware items be made entirely of aluminum, glass, or compostable fiber that is accepted in the City of Albany composting collection program as compostable and BPI certified. Compostable fiber includes is plant-based, non-synthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. The products can not contain plastic of any kind, including "compostable plastic" or "bioplastic" or plastic linings.

Purchasing Guide

The purchasing guide is a list of products that staff has identified as compliant with the disposable productions requirements of the foodware ordinance. This guide is provided to assist restaurants in finding compliant products that work for their needs. The guide will continue to be updated and is not a complete list of all compliant products. Restaurants may use any compliant products regardless of whether they are listed.

Exempt Products List

For some types of products or specific use cases, there are not compliant disposable options on the market.  These products will be exempt from the requirements and food vendors will be allowed to use plastic options. The list will be continually updated based on market availability.

If you cannot find a compliant alternative for a plastic product and would like to request an exemption, please fill out this form: Exemption Request Form

Informational pamphlets

• Greening your restaurant: Reducing Costs and Waste!(PDF, 1MB)
• Reusable To-Go Program Information and Incentives(PDF, 2MB)

Customer-facing flyers

•  Custom Sorting Sign Creator: Create signage to tell customers which bin to place disposable foodware in. This sign creator allows you to individualize your signs with the exact product your restaurant uses.
• Reusable foodware flyer(PDF, 222KB)
• Compostable-Fiberware-Flyer-for-Restaurants(PDF, 730KB) 

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 are available in some cases

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.

Case Studies: 

• Shrish Grill Case Study
•  Hang Ten Boiler Case Study 

Disposable products for takeout (or accessories for dine-in service) must meet the following requirements:

Fiber-based

Plant-based, non-synthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural Fiber does not include plastic of any kind. 

No plastic of any kind

The product must not have any plastic, including plastic linings and "Compostable Plastic" or PLA (Polylactic acid). When searching for products, look for "unlined" and "plastic-free" products.  

BPI Certified

The compostable products allowed to be used by businesses in Albany are required to be BPI certified, or else certified by another 3rd party that has been reviewed by city staff and that provides a valid certification demonstrating the quality of products to fit within the requirements of the ordinance.  BPI certification ensures that the product is free of PFAS, a type of dangerous chemical. You can search your product on the BPI website here.

Staff has created a purchasing guide that includes a wide range of compliant products to help businesses transition. You can use a product not listed on the guide as long as it meets the requirements. See the "Compliant Disposable Foodware" section above to review the purchasing guide and the list of exempt products.

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.

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.).