STATE OF NEW YORK ________________________________________________________________________ 1692 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. ROSENTHAL, GLICK, PAULIN, SIMON, KELLES, DINOW- ITZ, SHIMSKY, LEVENBERG, HEVESI -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the general busi- ness law, in relation to prohibitions on single-use food service items at restaurants and third-party food delivery services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 34 to read as follows: 3 TITLE 34 4 SINGLE-USE FOOD SERVICE 5 ITEMS 6 Section 27-3401. Definitions. 7 27-3403. Single-use food service items. 8 27-3405. Enforcement. 9 § 27-3401. Definitions. 10 1. "Beverage splash stick" means a device primarily intended to be 11 used to keep heat and liquid from escaping a lidded cup. 12 2. "Beverage stirrer" means a device primarily intended for stirring 13 beverages. 14 3. "Condiment pack" means an individual single-use container, sealed 15 by the manufacturer or a restaurant, containing a condiment. 16 4. "Plastic" means a synthetic material made from organic polymers. 17 5. "Restaurant" means any diner or other eating or beverage establish- 18 ment, which offers for sale food or beverages to the public, guests, 19 members, or patrons, whether consumption occurs on or off the premises. 20 6. "Single-use food service items" shall mean any eating utensil or 21 other item used as part of food or beverage service that is designed and 22 intended by the manufacturer for only one use before being discarded 23 including, but not limited to condiment packs, forks, spoons, sporks, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04405-01-5
A. 1692 2 1 knives, chopsticks, beverage straws, cocktail sticks, toothpicks, non- 2 plastic beverage splash sticks, non-plastic beverage stirrers, napkins, 3 wet wipes, cup sleeves, beverage trays, beverage lids, empty plates, 4 empty bowls, and empty cups. For purposes of this title, single-use food 5 service items shall not include: (a) a plastic beverage stirrer or a 6 plastic beverage splash stick as defined in this section; or (b) 7 containers actively holding food or beverages for dine-in or take-away 8 customers, such as plates, bowls, and cups. 9 7. "Third-party food delivery service" shall have the same meaning as 10 section three hundred ninety-one-v of the general business law. 11 § 27-3403. Single-use food service items. 12 1. (a) Restaurants and third-party food delivery services shall only 13 provide single-use food service items to customers when explicitly 14 requested by the customer. Restaurants and third-party food delivery 15 services shall provide options to allow a customer to request single-use 16 food service items upon submission of an order. Such options shall be 17 available for all methods of ordering, including but not limited to 18 phone, internet, or mobile phone application orders. The default 19 selected options shall be that no single-use food service items are 20 requested. 21 (b) No inquiry into the reason for the request shall be made by a 22 restaurant, third-party food delivery service, or any of its employees 23 in carrying out the request authorized by paragraph (a) of this subdivi- 24 sion. 25 2. Restaurants and third-party food delivery services are prohibited 26 from providing customers with single-use plastic food service items. 27 This prohibition does not apply to plastic straws, which may be provided 28 by a restaurant or third-party food delivery service, pursuant to subdi- 29 vision one of this section. 30 3. Single-use food service items provided by a restaurant, pursuant to 31 subdivision one of this section, shall not be individually wrapped in 32 plastic. 33 4. (a) If a restaurant fills an order placed through a third-party 34 food delivery service, such restaurant may rely on the information 35 provided by such third-party food delivery service regarding whether the 36 customer has requested single-use food service items. In a proceeding to 37 collect a civil penalty pursuant to section 27-3405 of this title, it 38 shall be a complete defense for a respondent restaurant to establish 39 that such restaurant relied on the information provided to it by the 40 third-party food delivery service regarding the customer's choice pursu- 41 ant to paragraph (a) of subdivision one of this section. 42 (b) A copy or screenshot of a communication by the third-party food 43 delivery service to the restaurant regarding the customer's choice 44 pursuant to paragraph (a) of subdivision one of this section shall 45 constitute prima facie evidence that the restaurant relied on the infor- 46 mation provided to it by the third-party food delivery service. Each 47 third-party food delivery service shall provide such communication in 48 writing to a restaurant within seventy-two hours of such restaurant's 49 request for such communication. 50 § 27-3405. Enforcement. 51 Every local department of health shall ensure compliance with this 52 title as part of an inspection of a food place pursuant to section thir- 53 teen hundred fifty-one of the public health law, the provisions of the 54 sanitary code and provisions of local ordinances or regulations. Any 55 establishment that violates this title shall be liable for a civil 56 penalty in the amount of two hundred dollars for the first violation,
A. 1692 3 1 three hundred dollars for the second violation committed on a different 2 day within a period of twelve months, and five hundred dollars for the 3 third and each subsequent violation committed on different days within a 4 period of twelve months, except that the local department of health 5 shall not issue a notice of violation, but shall issue a warning and 6 provide information on compliance with such section, for any violation 7 that occurs within one year of the effective date of this section. 8 § 2. The general business law is amended by adding a new section 399- 9 tt to read as follows: 10 § 399-tt. Single-use food service items. Restaurants and third-party 11 food delivery services shall only provide single-use food service items 12 to customers when explicitly requested by the customer pursuant to title 13 thirty-four of article twenty-seven of the environmental conservation 14 law. 15 § 3. This act shall take effect on the one hundred twentieth day after 16 it shall have become a law.