What you should know
- A law that prohibits Big Apple food service establishments, which provide take-out and delivery service, from providing utensils, condiment packets, napkins, plates or additional containers to customers, went into effect Monday. unless the same customers request such items.
- In addition, restaurant and online order delivery services must set a default option not to provide those items, but may provide the option to request such items if the establishment offers them.
- These restrictions go into effect on July 31, 2023, but there will be a warning period until June 30, 2024. As of July 1, 2024, those who do not follow the restrictions may receive an iViolation Notice.
NEW YORK — If you go to a restaurant in New York City to order takeout or call for delivery, you will no longer receive plastic utensils unless you ask for them.
This is due to the fact that the law that prohibits food service establishments in the Big Apple, which provide takeout and delivery service, from providing utensils, condiment packets, napkins, plates or additional containers went into effect on Monday to customers, unless the customers themselves request such items.
In addition, restaurant and online order delivery services must set a default option not to provide those items, but may provide the option to request such items if the establishment offers them.
This law seeks to reduce single-use plastic since most of these items end up in landfills that harm the environment. In New York City alone, 36 million pounds of single-use plastic is collected from the residential waste stream, and tens of millions more are discarded by commercial establishments annually.
The warning period for this new requirement will be in effect until June 30, 2024, after which fines may be issued for violations. Outreach, education, and enforcement will be conducted by the Department of Sanitation in collaboration with the Department of Consumer and Worker Protection.
Restrictions on the supply of utensils, condiments, napkins and containers
Effective July 31, 2023, New York City food service establishments that provide takeout and delivery service must comply with these restrictions:
- Do not provide additional utensils, condiment packets, napkins, or containers to take-out or delivery customers unless requested by the customer.
- Your online ordering and delivery applications should be set by default to not provide these items. You should provide customers the option to request these items only if you offer them.
- Delivery and courier services cannot provide these items unless requested by the customer.
*NOTE: These restrictions do not apply to self-service stations within a food service establishment.
How much would the fine be if the law is not complied with?
These restrictions go into effect on July 31, 2023, but there will be a warning period until June 30, 2024.
Starting July 1, 2024, those who do not follow the restrictions may receive an iViolation Notice.
The penalties for each Violation Notice issued within a 12-month period are:
- $50 (1st offense).
- $150 (2nd offense).
- $250 (3rd and subsequent offenses).
Businesses should be prepared to receive inspector visits, at least annually as part of routine inspections or 311 investigations, from one or more of the following agencies:
- New York City Department of Sanitation
- New York City Department of Consumer and Worker Protection
Where can I find resources for my establishment?
Learn more about trading resources here:
