The New York State Senate

 
                     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.