San José's Foam Food Container Ordinance (Municipal Code Chapter 9.10, Part 17, fully effective as of January 1, 2015) requires all restaurants to use non-foam food service ware for both dine-in and takeout.

This ordinance allows restaurants to choose the best alternative for their business needs. Restaurants may also apply for unique packaging and financial hardship exemptions.

Environmental Impact

This ordinance aims to reduce a pervasive and persistent type of litter by banning food service ware made from expanded polystyrene (EPS) foam, commonly referred to as Styrofoam™*. EPS foam is uniquely problematic when littered because it does not degrade. It breaks easily into tiny pieces, making it difficult to clean up. Those small pieces are often mistaken as food by fish and wildlife and are harmful to their health.

Resources

  • Trilingual Fact Sheet (created April 22, 2025): Overview of rules and ordinances pertaining to restaurants
  • Exemption Form (created March 02, 2015): Restaurants can apply for a financial hardship or unique packing exemption.

*Although EPS is commonly referred to as “Styrofoam,” the trademarked material manufactured by Dow Chemical is not used for food containers.

 

The information and documents contained in this section include past entries. In accordance with ADA Title II requirements mandating WCAG 2.1 AA compliance for state and local government digital content by April 24, 2026, materials dated prior to this deadline may not meet current accessibility standards. If you require an accessible version of any material, please contact us at SJEnvironment@SanJoseCA.gov.