NY State Senate Bill 2021-S8264

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2022	referred to environmental conservation

co-Sponsors

2021-S8264 (ACTIVE) - Details

See Assembly Version of this Bill:: A5383
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 32 §§27-3201 - 27-3205, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S4449, A3424
2025-2026: S4059, A1692

2021-S8264 (ACTIVE) - Summary

Provides for certain restrictions on single-use plastic cutlery in restaurants.

2021-S8264 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8264

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will reduce plastic pollution by prohibiting bars and restau-
rants from providing single-use plastic cutlery unless requested by the
customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 32.

Section two amends the general business law by adding a new section
399-tt.

Section three sets forth the effective date.

 
JUSTIFICATION:

According to the UN Environment Program, single-use plastic creates more
than eight million tons of plastic waste each year. Much of the plastic
waste is produced by takeout/delivery restaurants and other food service
establishments that provide multiple single-use plastic utensils with
each meal. Plastic forks, knives and spoons are quickly disposed of and
end up in our landfills and waterways, where they can be and are ingest-
ed by land and marine animals.

Plastic cutlery, typically made of a material called polypropylene, may
break down into smaller pieces over long periods of time, but never
completely biodegrade. While some plastics can be recycled, plastic
cutlery is too small and light to be processed by recycling equipment.

By prohibiting restaurants from automatically distributing cutlery with
every meal served and switching over to a cutlery "upon request only"
system, which many establishments already use, these establishments will
be able to markedly reduce the number of plastic utensils that end up in
landfills and waterways each year, creating a cleaner and safer environ-
ment for all.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
120 days after enactment

2021-S8264 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8264
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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.
   (B)  RESTAURANTS  THAT  PROVIDE  COMPOSTABLE  CUTLERY TO CUSTOMERS ARE
 REQUIRED TO HAVE  ACCESS  TO  CURBSIDE  COLLECTION  OF  FOOD  WASTE  FOR
 COMPOSTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08882-01-1

 S. 8264                             2
 
   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.

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Senate Bill S8264

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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co-Sponsors

2021-S8264 (ACTIVE) - Details

2021-S8264 (ACTIVE) - Summary

2021-S8264 (ACTIVE) - Sponsor Memo

2021-S8264 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

co-Sponsors

Liz Krueger

Luis R. Sepúlveda

2021-S8264 (ACTIVE) - Details

2021-S8264 (ACTIVE) - Summary

2021-S8264 (ACTIVE) - Sponsor Memo

2021-S8264 (ACTIVE) - Bill Text download pdf

Comments