Cups

Complying with the by-law

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  By-law overview

  Effective Jan 1, 2022 (new date): 

  • A minimum fee of $0.25 must be charged on each single-use beverage cup distributed. 
  • Cup fees must be displayed on menu boards, menus, and internet-based ordering platforms.
  • Cup fees must be shown as a separate line item on any receipts provided to customers by using wording such as “Cup fee”. 
  • Food vendors must tell customers the amount of the cup fee for any orders placed over the phone.
  • Businesses keep the cup fees. Revenue from cup fees is not remitted to the City.
  • Starting with 2023 licence renewals, food vendors must report the number of single-use cups distributed in the past 12 months at each licensed location when they renew their business licence each year.
  • The cup reporting requirement is waived for each business location participating in a reusable cup-share program. This is intended to encourage food vendors to participate in reusable cup-share programs.

  How reusable cup-share works

  Reusable cup-share program means customers:

  1. Are given the choice of receiving their drink in a reusable cup; 
  2. May leave the business premises with the reusable cup, and;
  3. May return the reusable cup to the business, or a drop-off location, at a later time.

  Review the by-law

  • By-law 12844 (amends By-law 4450 regarding the effective date of requirements for single-use beverage cups) PDF file (107 KB)
  • By-law 12622 (amends By-law 4450 regarding single-use cups) PDF file (20 KB)
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  Who the by-law applies to

  All food vendors with a Vancouver business licence must comply with the cup by-law. Food vendors are businesses, charities, and not-for-profits that:

  • Sell prepared food (food meant to be eaten without further cooking), or;
  • Provide food for free or at low cost (some exemptions apply)

  This includes, but is not limited to:

  • Arenas
  • Bakeries
  • Bars, lounges
  • Bed and breakfasts
  • Breweries
  • Cafés and tea shops
  • Caterers
  • Community centres
  • Concessions
  • Convenience stores
  • Delis
  • Drugstores
  • Food courts
  • Delivery services (that sell food)
  • Food manufacturers
  • Food retailers
  • Food trucks
  • Food vendors at festivals and events
  • Food wholesalers
  • Grocery stores
  • Halls
  • Limited service food establishments
  • Liquor establishments
  • Private schools
  • Market outlets
  • Not-for-profit corporations
  • Registered charities
  • Restaurants
  • Street food vendors
  • Theatres
  • Venues
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  Exemptions

  Hospitals and community care facilities

  The by-law does not apply to single-use cups used for food service to patients in hospitals and community care facilities.

  Important information The by-law does apply to food vendors with a Vancouver business license whose premises are located in hospitals or community care facilities (for example: cafeterias, cafes) that serve prepared food to customers.

  Charitable food services

  Registered charities and not-for-profit corporations are not required to charge fees on single-use cups used to provide beverages for free or at low-cost, or report the number of cups used for this purpose.

  Important information Organizations must be incorporated and in good standing under the Society Act, or registered as a charitable organization under the federal Income Tax Act to qualify for the charitable food services exemption.

  Food served in cups

  The cup fee and reporting requirement do not apply to single-use cups used to serve prepared food, such as soup, pudding, frozen desserts, etc.

  Selling packages of single-use cups in stores

  Retailers are still permitted to sell packages of at least 6 single-use beverage cups sold for personal use.

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  Cup fees and revenue

  Food vendors will keep the cup fees and revenue from the cup fees is not remitted to the City.

  Food vendors will determine how the cup fees will be used and will be encouraged to:

  • Invest in reusable alternatives for single-use items, such as reusable cups for drinks to stay, commercial dishwashers, and reusable cup-share programs
  • Cover the cost of complying with the by-law, example: software updates, training staff

  ​​​​​​​Help your customers avoid fees and reduce waste by:

  • Providing reusable cups for drinks to stay
  • Participating in a reusable cup-share program
  • Encouraging customers to bring their own cup

  Discounts can still be offered to reward customers for choosing reusable cups.
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  Accepting reusable cups during COVID-19

  Important note COVID-19: Under current BC Centre for Disease Control External website, opens in new tab and Vancouver Coastal Health guidelines, vendors can provide reusable cups and accept customers’ reusable cups during the COVID-19 pandemic.

  We have worked with Vancouver Coastal Health to ensure “contactless cup” procedures can be used to serve drinks in customers’ reusable cups.

  Contactless coffee procedure

  Used by cafes and restaurants around the world, these procedures are safe for accepting reusable cups during the COVID-19 pandemic and are allowed by Vancouver Coastal Health.

  Method 1

  1. Customer takes off the lid and places their clean reusable cup on a designated tray or in another container and steps back 2 m.
  2. Staff moves the tray or container to where the drink will be prepared, making sure to prevent any contact with the customer’s reusable cup.
  3. Without touching the customer’s reusable cup, staff then pours the prepared drink into the customer’s reusable cup.
  4. Staff bring the tray with the customer’s reusable cup to a countertop where the customer can then take it away. 
  5. Wash and sterilize trays and containers after every use.

  Method 2

  1. Staff prepare the drink in a small jug or reusable "to stay" cup that has been washed and sanitized in a commercial dishwasher.
  2. Staff or customer pours the drink into their travel mug.
  3. Staff wash and sanitize the cup or jug used for pouring.

  Cleaning guidelines for your own reusable cup

  To protect the safety of residents, businesses, and their staff, encourage your customers to follow these cleaning guidelines, approved by Vancouver Coastal Health, for customers’ own reusable cups:

  • Most insulated travel mugs are not dishwasher safe.
  • Hand wash your travel mug and lid with warm soapy water after each use.
  • Rinse under running water. Dry completely.
  • Make sure there is no leftover drink residue in your cup or on your lid. Businesses are not required to handle dirty cups or clean yours for you.
  • Replace chipped, cracked, or otherwise damaged travel mugs.
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  Enforcing the rules

  Due to the extenuating circumstances of COVID-19, City staff are prioritizing outreach and education to ensure businesses have the support they need in order to comply with all five of the single-use item by-laws.

  ​​​​​​​If a business is found to be out of compliance with the foam, plastic straw and utensil by-laws, initial City actions will focus on education, outreach and support to help them comply. Staff will be using discretion and enforcement will be reserved for cases of deliberate and harmful non-compliance after all outreach and education efforts have been exhausted.

  Following these initial actions, increasing levels of enforcement may be used to address non-compliant operators. Non-compliant business license holders may be issued tickets that can lead to fines of up to $500 per offence. Business license holders with repeat offences may be subject to prosecution and face provincial court issued fines of up to $10,000 per offence.

  During COVID-19, charitable food services may continue to distribute single-use items with food or meals, but are expected to begin working towards complying with the by-laws as soon as it is possible for them.