assembly Bill A5383

2021-2022 Legislative Session

Provides for certain restrictions on single-use plastic cutlery

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 16, 2021 referred to environmental conservation

A5383 (ACTIVE) - Details

Current Committee:
Assembly 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

A5383 (ACTIVE) - Summary

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

A5383 (ACTIVE) - Bill Text download pdf

 
                     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