North Carolina 2025-2026 Regular Session

North Carolina House Bill H423 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 423
	3	+	H D
	4	+	HOUSE BILL DRH40254-MC-143
	5	+
5	6
6	7
7	8		Short Title: Skip the Stuff Act. (Public)
8		-	Sponsors: Representatives von Haefen, Butler, Roberson, and Harrison (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	March 19, 2025
12		-	H423 -v-1
	9	+	Sponsors: Representative von Haefen.
	10	+	Referred to:
	11	+
	12	+	DRH40254 -MC-143
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO REDUCE SINGLE -USE FOODWARE IN TAKE -OUT AND DELIVERY OF 2
15	15		PREPARED MEALS. 3
16	16		Whereas, single-use accessories for food service are frequently provided to customers 4
17	17		that do not need them, resulting in unnecessary cost to food service operators and unnecessary 5
18	18		waste that is costly for local governments to manage; and 6
19	19		Whereas, one trillion disposable foodware items are used in the United States each 7
20	20		year, generating nine million tons of waste; and 8
21	21		Whereas, forty percent (40%) of plastics generated are used for packaging purposes, 9
22	22		making packaging the number one market for plastics use; and 10
23	23		Whereas, the United States uses more than 36 billion disposable plastic utensils 11
24	24		annually. Laid end-to-end, this amount of plastic utensils could wrap around the globe 139 times; 12
25	25		and 13
26	26		Whereas, four million trees are cut down each year in order to make chopsticks in 14
27	27		China. Eliminating forests, our natural carbon sink and providers of habitat and clean air, makes 15
28	28		no sense during a climate crisis; and 16
29	29		Whereas, the manufacturing of napkins requires a significant amount of water. For 17
30	30		instance, if fifty percent (50%) of the United States' population used three paper napkins per day, 18
31	31		that would total 450 million napkins for one day, which would require 31.5 million gallons of 19
32	32		water to manufacture; and 20
33	33		Whereas, many single-use foodware accessories are made from plastic, and as much 21
34	34		as 23 million metric tons of plastic waste enter the ocean each year, most of it generated in the 22
35	35		United States; and 23
36	36		Whereas, the amount of plastics in the ocean is projected to exceed the number of fish 24
37	37		by 2030; and 25
38	38		Whereas, the vast majority of these single-use foodware accessory items are 26
39	39		problematic in the waste stream because they are not recyclable. Even when manufactured from 27
40	40		recyclable materials, food packaging is usually too dirty to be recycled. Utensils and straws are 28
41	41		contaminated in many recycling systems. Plant-based foodware and utensils are often considered 29
42	42		contaminants in commercial compost facilities. Bio-plastics do not degrade quickly enough, and 30
43	43		paper and other fibers dilute the quality of compost; and 31
44	44		Whereas, restaurants in the United States spend $24 billion purchasing disposable 32
45	45		foodware items each year; and 33
46	46		Whereas, local governments in the United States spend $6 billion managing 34
47		-	disposable foodware waste; and 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 423-First Edition
	47	+	disposable foodware waste; and 35
	48	+	H.B. 423
	49	+	Mar 17, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH40254-MC-143
49	52		Whereas, it is in the interest of the health, safety, and welfare of all who live, work, 1
50	53		and do business in the State of North Carolina that the amount of litter on public streets, parks, 2
51	54		and in other public places be reduced and the amount of single-use foodware accessory waste be 3
52	55		reduced; Now, therefore, 4
53	56		The General Assembly of North Carolina enacts: 5
54	57		SECTION 1. Article 9 of Chapter 130A of the General Statutes is amended by 6
55	58		adding a new Part to read: 7
56	59		"Part 2J. Single-Use Foodware and Condiments. 8
57	60		"§ 130A-309.235. Definitions. 9
58	61		Unless a different meaning is required by context, the following definitions apply throughout 10
59	62		this Part: 11
60	63		(1) Food establishment. – An establishment that prepares and serves food or drink 12
61	64		as regulated pursuant to Part 6 of Article 8 of this Chapter. 13
62	65		(2) Prepared food. – Food or beverages that are serviced, packaged, cooked, 14
63	66		chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise 15
64	67		prepared by a food establishment in a form that is edible without additional 16
65	68		preparation. Prepared food does not include raw eggs or raw, butchered meats, 17
66	69		fish, or poultry sold from a butcher case, refrigerator case, or similar retail 18
67	70		appliance. 19
68	71		(3) Single item dispenser. – A device that stores bulk amounts of single-use 20
69	72		foodware or standard condiments and dispenses one item at a time. 21
70	73		(4) Single-use. – Designed to be used once and then disposed, and not designed 22
71	74		for repeated use and sanitizing. 23
72	75		(5) Single-use foodware. – A single-use accessory provided alongside prepared 24
73	76		food, including utensils, tongs, chopsticks, napkins, standard condiments, 25
74	77		straws, stirrers, splash sticks, cocktail sticks, toothpicks, cup lids, cup sleeves, 26
75	78		cup trays, and food trays. 27
76	79		(6) Standard condiment or condiment. – A single-use packet containing relishes, 28
77	80		spices, sauces, confections, or seasonings; that requires no additional 29
78	81		preparation; and that is used on food or beverages, including ketchup, 30
79	82		mustard, mayonnaise, soy sauce, sauerkraut, salsa, syrup, jam, jelly, salad 31
80	83		dressing, salt, sugar, sugar substitutes, pepper, and chili pepper. 32
81	84		(7) Third-party food delivery platform. – A person that operates a website or 33
82	85		mobile application through which a consumer can order prepared food from a 34
83	86		food establishment for pickup or delivery. 35
84	87		(8) Utensil. – An instrument used to serve or eat food, including forks, spoons, 36
85	88		knives, sporks, and chopsticks. 37
86	89		"§ 130A-309.236. Consumer opt-in for single-use foodware. 38
87	90		(a) Except as provided in G.S. 130A-309.237, a food establishment shall not provide any 39
88	91		single-use foodware or standard condiments to consumers for on-premises dining, take-out, and 40
89	92		delivery orders, or when using a third-party food delivery platform, unless the consumer requests 41
90	93		the single-use foodware or condiment. 42
91	94		(b) A food establishment shall not bundle or package single-use foodware or standard 43
92	95		condiments in a manner that prevents consumers from taking only the type of single-use 44
93	96		foodware or condiment desired without having to take a different type of single-use foodware or 45
94	97		condiment. 46
95	98		(c) A third-party food delivery platform shall not allow consumers to use the platform to 47
96	99		place orders from a food establishment without providing an option on the platform for 48
97	100		consumers to request single-use foodware or standard condiments from the food establishment. 49
98	101		"§ 130A-309.237. Exceptions. 50 General Assembly Of North Carolina Session 2025
99		-	~~House Bill 423-First Edition~~ Page 3
	102	+	DRH40254-MC-143 Page 3
100	103		(a) For delivery orders, food establishments may include specific accessories such as cup 1
101	104		lids, spill plugs, and trays in order to prevent spills or otherwise deliver food and beverages 2
102	105		safely. 3
103	106		(b) This Part shall not be construed to prohibit a food establishment from making standard 4
104	107		condiments available to consumers using refillable single item dispensers. 5
105	108		"§ 130A-309.238. Liability; enforcement. 6
106	109		(a) If the Department finds that a food establishment has failed to comply with the 7
107	110		requirements of this Part, the Department may issue a written notice to the food establishment of 8
108	111		its findings and direct the food establishment to take remedial action to comply with the 9
109	112		requirements of this Part. The Department shall allow the noncompliant food establishment 60 10
110	113		calendar days from the receipt of the notice of noncompliance to demonstrate compliance to the 11
111	114		satisfaction of the Department. If after 60 calendar days following receipt of the notice of 12
112	115		noncompliance the food establishment fails to demonstrate compliance with the requirements of 13
113	116		this Part, the Department may impose administrative penalties against the food establishment 14
114	117		pursuant to G.S. 130A-22(a). Third-party food delivery platforms are not liable for the failure of 15
115	118		a food establishment to comply with this Part. 16
116	119		(b) If the Department finds that a third-party food delivery platform has failed to comply 17
117	120		with the requirements of this Part, the Department may issue a written notice to the third-party 18
118	121		food delivery platform of its findings and direct the third-party food delivery platform to take 19
119	122		remedial action to comply with the requirements of this Part. The Department shall allow the 20
120	123		noncompliant third-party food delivery platform 60 calendar days from the receipt of the notice 21
121	124		of noncompliance to demonstrate compliance to the satisfaction of the Department. If after 60 22
122	125		calendar days following receipt of the notice of noncompliance the third-party food delivery 23
123	126		platform fails to demonstrate compliance with the requirements of this Part, the Department may 24
124	127		impose administrative penalties against the third-party food delivery platform pursuant to 25
125	128		G.S. 130A-22(a). Food establishments are not liable for the failure of a third-party food delivery 26
126	129		platform to comply with this Part. 27
127	130		(c) The Department shall establish and maintain an online portal by which individuals 28
128	131		can report violations of this Part to the Department. 29
129	132		"§ 130A-309.239. Local government authority not preempted. 30
130	133		Nothing in this Part shall be construed as limiting the authority of any local government to 31
131	134		adopt ordinances that restrict the provision of single-use foodware by food establishments or 32
132	135		third-party food delivery platforms." 33
133	136		SECTION 2. G.S. 130A-22 reads as rewritten: 34
134	137		"§ 130A-22. Administrative penalties. 35
135	138		(a) The Secretary of Environmental Quality may impose an administrative penalty on a 36
136	139		person who violates Article 9 of this Chapter, rules adopted by the Environmental Management 37
137	140		Commission pursuant to Article 9, or any term or condition of a permit or order issued under 38
138	141		Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty 39
139	142		shall not exceed fifteen thousand dollars ($15,000) per day in the case of a violation involving 40
140	143		nonhazardous waste. The penalty shall not exceed thirty-two thousand five hundred dollars 41
141	144		($32,500) per day in the case of a first violation involving hazardous waste as defined in 42
142	145		G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or 43
143	146		upon water in a manner that results in medical waste entering waters or lands of the State; and 44
144	147		shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation 45
145	148		involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner 46
146	149		that results in medical waste entering waters or lands of the State. The penalty shall not exceed 47
147	150		thirty-two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary 48
148	151		remedial action implemented pursuant to G.S. 130A-310.9(c) or a violation of the rules adopted 49
149	152		pursuant to G.S. 130A-310.12(b). For violations of Part 2J of Article 9 of this Chapter, the 50
150	153		penalty shall not exceed one hundred dollars ($100.00) per day. For violations of Part 7 of Article 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~House Bill 423-First Edition~~
	154	+	Page 4 DRH40254-MC-143
152	155		9 of this Chapter and G.S. 130A-309.10(m): (i) a warning shall be issued for a first violation; (ii) 1
153	156		the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the 2
154	157		penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person 3
155	158		fails to pay a civil penalty within 60 days after the final agency decision or court order has been 4
156	159		served on the violator, the Secretary of Environmental Quality shall request the Attorney General 5
157	160		to institute a civil action in the superior court of any county in which the violator resides or has 6
158	161		his or its principal place of business to recover the amount of the assessment. Such civil actions 7
159	162		must be filed within three years of the date the final agency decision or court order was served 8
160	163		on the violator. 9
161	164		…." 10
162	165		SECTION 3. This act becomes effective July 1, 2025, and applies to violations 11
163	166		committed on or after that date. 12