S T A T E O F N E W Y O R K
________________________________________________________________________
5383
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- 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 plastic cutlery in
restaurants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 32 to read as follows:
TITLE 32
PLASTIC CUTLERY RESTRICTIONS
SECTION 27-3201. DEFINITIONS.
27-3203. SINGLE-USE PLASTIC CUTLERY.
27-3205. ENFORCEMENT.
§ 27-3201. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR OTHER
EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
ES TO THE PUBLIC, GUESTS, MEMBERS, OR PATRONS, WHETHER CONSUMPTION
OCCURS ON OR OFF THE PREMISES.
§ 27-3203. SINGLE-USE PLASTIC CUTLERY.
1. (A) RESTAURANTS SHALL ONLY PROVIDE SINGLE-USE PLASTIC CUTLERY TO
CUSTOMERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER.
(B) NO INQUIRY INTO THE REASON FOR THE REQUEST SHALL BE MADE BY A
RESTAURANT OR ANY OF ITS EMPLOYEES IN CARRYING OUT THE REQUEST AUTHOR-
IZED BY PARAGRAPH (A) OF THIS SUBDIVISION.
2. (A) NOTHING IN THIS SECTION SHALL PRECLUDE A RESTAURANT FROM
PROVIDING CUSTOMERS WITH NON-PLASTIC CUTLERY AS AN ALTERNATIVE TO
SINGLE-USE PLASTIC CUTLERY, INCLUDING, BUT NOT LIMITED TO, CUTLERY MADE
FROM METAL, SUGAR CANE, BAMBOO, WOOD OR COMPOSTABLE MATERIALS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08882-01-1
A. 5383 2
(B) RESTAURANTS THAT PROVIDE COMPOSTABLE CUTLERY TO CUSTOMERS ARE
REQUIRED TO HAVE ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR
COMPOSTING.
3. SINGLE-USE PLASTIC CUTLERY PROVIDED BY A RESTAURANT, PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE INDIVIDUALLY WRAPPED IN
PLASTIC.
§ 27-3205. ENFORCEMENT.
EVERY LOCAL DEPARTMENT OF HEALTH SHALL ENSURE COMPLIANCE WITH THIS
TITLE AS PART OF AN INSPECTION OF A FOOD PLACE PURSUANT TO SECTION THIR-
TEEN HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW, THE PROVISIONS OF THE
SANITARY CODE AND PROVISIONS OF LOCAL ORDINANCES OR REGULATIONS. ANY
ESTABLISHMENT THAT VIOLATES THIS TITLE SHALL BE LIABLE FOR A CIVIL
PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION,
THREE HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A DIFFERENT
DAY WITHIN A PERIOD OF TWELVE MONTHS, AND FIVE HUNDRED DOLLARS FOR THE
THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A
PERIOD OF TWELVE MONTHS, EXCEPT THAT THE LOCAL DEPARTMENT OF HEALTH
SHALL NOT ISSUE A NOTICE OF VIOLATION, BUT SHALL ISSUE A WARNING AND
PROVIDE INFORMATION ON COMPLIANCE WITH SUCH SECTION, FOR ANY VIOLATION
THAT OCCURS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
§ 2. The general business law is amended by adding a new section 399-
tt to read as follows:
§ 399-TT. SINGLE-USE PLASTIC CUTLERY. RESTAURANTS SHALL ONLY PROVIDE
SINGLE-USE PLASTIC CUTLERY TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY
THE CUSTOMER PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.