Bill > S04059

This bill aims to reduce waste from single-use food service items by requiring restaurants and third-party food delivery services to only provide these items when customers explicitly request them. Specifically, the bill defines single-use food service items as disposable utensils, condiment packs, napkins, and other one-time-use items, and mandates that restaurants and delivery services make requesting these items an opt-in process. Customers must actively choose to receive single-use items, with the default setting being no items provided. The bill prohibits restaurants from providing single-use plastic food service items, with the exception of plastic straws. Restaurants will be required to offer request options across all ordering methods, including phone, internet, and mobile applications. Local health departments will be responsible for enforcing the new rules, with a graduated penalty system for violations: $200 for the first violation, $300 for the second violation within 12 months, and $500 for subsequent violations. To provide flexibility during implementation, the bill includes a one-year grace period where establishments will receive warnings instead of penalties. The law will take effect 120 days after being signed, giving businesses time to adjust their practices and ordering systems to comply with the new requirements.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/S4059