California AB 1276 and the 'upon request' rule
California AB 1276 requires that single-use foodware accessories be provided only on request or from a self-serve station, and prohibits bundling them with an order. The accessory list covers items such as straws, utensils and condiment packets. Napkins are not on that list, and the duty falls on the food facility rather than the supplier.
What the rule requires
Accessories cannot be handed out by default. They must be requested by the customer, or made available at a self-serve station, and they cannot be bundled into a package that the customer did not ask for.
Where napkins sit
Napkins do not appear in the accessory list the law defines. A kit consisting of cutlery and a napkin is therefore not the bundle the statute describes. Adding a straw or a condiment packet to that kit is what brings it inside scope.
Who is liable
What this means for a supplier
The supplier is not the regulated party, and a kit configuration is not unlawful to manufacture. The useful thing a supplier can do is tell a Californian buyer what the rule says before they specify a configuration that creates a duty for themselves.
Configure around it
Because kit contents are configurable, a buyer in an affected jurisdiction can specify cutlery and napkin only, and offer straws separately from a station. The product does not have to change; the configuration does.
Frequently asked
- Is a cutlery-and-napkin kit compliant?
- Napkins are not on the accessory list, so that configuration is not the bundling the law targets. A straw or condiment packet added to it would be.
- Does it apply outside California?
- The statute is Californian. Other jurisdictions have their own rules and they are not identical.
Last updated: 2026-09-13