Resources for Businesses Reducing Single-Use & Takeaway Items

Requirement to Accept Reusable Cups

The bylaw requires retail business establishment operators to accept the use of a reusable beverage cup by a customer to hold a beverage purchased or obtained at the retail business establishment. If a customer’s reusable beverage cup does not meet the requirements set out in the bylaw, a retail business establishment operator is not required to accept the reusable beverage cup.

Food Safety Guidelines for Accepting Reusable Beverage Cups from Customers

Retail business establishments as “food premises operators” must also meet the requirements for reusable items set out in the Food Premises Regulation under the Ontario Health Protection and Promotion Act, in addition to the requirements under the bylaw.

All retail business establishment operators should develop procedures for serving hot and/or cold beverages in reusable beverage cups provided by customers. The procedures must meet the requirements in the bylaw and the Food Premises Regulation. These procedures should address the following areas:

Reusable beverage cup requirements

All reusable beverage cups must be:

• Of sound construction
• Visually clean;
• In good repair;
• Capable of being washed or disinfected; and
• Suitable for its intended purpose.

A retail business establishment operator must refuse to accept a customer’s reusable beverage cup if any of these requirements are not met.

Protecting other foods and equipment from cross contamination

• If a beverage needs mixing or stirring, a utensil that is clean and sanitized (in accordance with the Food Premises Regulation) must be used every time.
• A retail business establishment operator can choose to use an in-house vessel for sizing or to prepare drinks before transferring to the customer’s reusable beverage cup.
• Dispensing containers should not come in contact with the reusable beverage cup.

Hand hygiene

• Food handlers must wash hands as often as necessary to prevent the contamination of food or food areas (Food Premises Regulation).
• For reusable beverage cups provided by customers, it is strongly recommended that food handlers wash their hands or change gloves before and after handling a customer’s reusable beverage cup.

Food Safety Guidelines for Accepting Reusable Food Containers from Customers

Under the bylaw, retail business establishment operators are not required to accept reusable food containers from customers to hold food purchased or obtained at a retail business establishment. A retail business establishment can decide whether or not to accept reusable food containers from customers.

If a retail business establishment decides to accept reusable food containers from customers, as a “food premises operator,” they must meet the requirements for reusable items set out in the Food Premises Regulation under the Ontario Health Protection and Promotion Act. They should also develop procedures for serving food in reusable food containers provided by their customers that meet the requirements under the Food Premises Regulation.

Relevant Definitions

A retail business establishment is a premise, location, or operation where goods and/or services are offered for sale, such as stores, online businesses, eating or drinking establishments, convenience stores, grocery stores, delicatessens, caterers, mobile food vendors, street vendors, vending machines, book stores, and clothing stores.

A retail business establishment operator is a person who owns, manages, supervises, runs, or controls a retail business establishment and includes a person who owns the premises where the retail business establishment is operated.

A beverage cup is a cup designed to serve hot and/or cold beverages.

A reusable beverage cup is a beverage cup designed to be used more than once, made from durable material, and capable of being washed or disinfected.

Disclaimer

This general guidance is for information purposes only. It is not intended to provide legal advice and should not be relied upon as such. The City of Toronto assumes no liability for accuracy or completeness. Retail business establishment operators are responsible for ensuring compliance with Toronto Municipal Code Chapter 702, Single-Use and Takeaway Items, and the Food Premises Regulation under the Ontario Health Protection and Promotion Act.

Review the Reducing Single-Use & Takeaway Items Guide to product alternatives for single-use food and beverage containers and accessory items.

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Display these small signs or posters in your business for staff and customers to see and post them to your online ordering platform and social media channels to inform your customers about the new Single-Use and Takeaway Items Bylaw.

Here are some practical tips to eliminate the unnecessary use of single-use and takeaway items in your business not covered by the bylaw.

Single-use containers and eating utensils

• Accept reusable containers provided by customers for any prepared foods, including leftovers from dine-in service. Review the the guidelines for safe handling of reusables.
• Encourage customers to bring their own reusable items by advertising this option in-store, on your website or on your social media accounts.
• Use washable, reusable dishes and eating utensils to serve dine-in customers.
• Use a reusable take-out container service.
• Implement a bag, box or container return program which customers can use if they do not bring their own reusable bags or containers.
• Apply to the Reducing Single-use program to be listed in the Reducing Single-Use – Directory of Businesses.

Businesses are responsible for meeting the requirements for reusable items set out in the Food Premises Regulation under the Ontario Health Protection and Promotion Act.

Plastic and plastic-lined items labelled as compostable or bio-degradable

• Avoid plastic and plastic lined items labelled as compostable or biodegradable, which are not accepted in the City’s Blue Bin or Green Bin Program. Learn more about these items, and about what materials are accepted in the Green Bin.
• Choose recyclable alternatives:
  • Use containers and other items made from materials that can be recycled. Learn more about what materials are accepted in the Blue Bin.