S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3424--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  GLICK, PAULIN, SIMON, KELLES,
   DINOWITZ, SHIMSKY, LEVENBERG -- read once and referred to the  Commit-
   tee  on  Environmental  Conservation  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the environmental conservation law and the general busi-
   ness law, in relation to prohibitions on single-use food service items
   at restaurants and third-party food delivery services
 
   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 34 to read as follows:
                                 TITLE 34
                          SINGLE-USE FOOD SERVICE
                                   ITEMS
 SECTION 27-3401. DEFINITIONS.
         27-3403. SINGLE-USE FOOD SERVICE ITEMS.
         27-3405. ENFORCEMENT.
 § 27-3401. DEFINITIONS.
   1. "BEVERAGE SPLASH STICK" MEANS A DEVICE  PRIMARILY  INTENDED  TO  BE
 USED TO KEEP HEAT AND LIQUID FROM ESCAPING A LIDDED CUP.
   2. "BEVERAGE STIRRER" MEANS A DEVICE PRIMARILY INTENDED  FOR  STIRRING
 BEVERAGES.
   3.  "CONDIMENT  PACK" MEANS AN INDIVIDUAL SINGLE-USE CONTAINER, SEALED
 BY THE MANUFACTURER OR A RESTAURANT, CONTAINING A CONDIMENT.
   4. "PLASTIC" MEANS A SYNTHETIC MATERIAL MADE FROM ORGANIC POLYMERS.
   5. "RESTAURANT" MEANS ANY DINER OR OTHER EATING OR BEVERAGE ESTABLISH-
 MENT, WHICH OFFERS FOR SALE FOOD OR BEVERAGES  TO  THE  PUBLIC,  GUESTS,
 MEMBERS, OR PATRONS, WHETHER CONSUMPTION OCCURS ON OR OFF THE PREMISES.
   6.  "SINGLE-USE  FOOD  SERVICE ITEMS" SHALL MEAN ANY EATING UTENSIL OR
 OTHER ITEM USED AS PART OF FOOD OR BEVERAGE SERVICE THAT IS DESIGNED AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01372-12-3
              

 A. 3424--A                          2
 
 INTENDED BY THE MANUFACTURER FOR ONLY ONE  USE  BEFORE  BEING  DISCARDED
 INCLUDING,  BUT  NOT  LIMITED TO CONDIMENT PACKS, FORKS, SPOONS, SPORKS,
 KNIVES, CHOPSTICKS, BEVERAGE STRAWS, COCKTAIL STICKS,  TOOTHPICKS,  NON-
 PLASTIC  BEVERAGE SPLASH STICKS, NON-PLASTIC BEVERAGE STIRRERS, NAPKINS,
 WET WIPES, CUP SLEEVES, BEVERAGE TRAYS,  BEVERAGE  LIDS,  EMPTY  PLATES,
 EMPTY BOWLS, AND EMPTY CUPS. FOR PURPOSES OF THIS TITLE, SINGLE-USE FOOD
 SERVICE  ITEMS  SHALL NOT INCLUDE:   (A) A PLASTIC BEVERAGE STIRRER OR A
 PLASTIC BEVERAGE SPLASH  STICK  AS  DEFINED  IN  THIS  SECTION;  OR  (B)
 CONTAINERS  ACTIVELY  HOLDING FOOD OR BEVERAGES FOR DINE-IN OR TAKE-AWAY
 CUSTOMERS, SUCH AS PLATES, BOWLS, AND CUPS.
   7. "THIRD-PARTY FOOD DELIVERY SERVICE" SHALL HAVE THE SAME MEANING  AS
 SECTION THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
 § 27-3403. SINGLE-USE FOOD SERVICE ITEMS.
   1.  (A)  RESTAURANTS AND THIRD-PARTY FOOD DELIVERY SERVICES SHALL ONLY
 PROVIDE SINGLE-USE FOOD  SERVICE  ITEMS  TO  CUSTOMERS  WHEN  EXPLICITLY
 REQUESTED  BY  THE  CUSTOMER.  RESTAURANTS AND THIRD-PARTY FOOD DELIVERY
 SERVICES SHALL PROVIDE OPTIONS TO ALLOW A CUSTOMER TO REQUEST SINGLE-USE
 FOOD SERVICE ITEMS UPON SUBMISSION OF AN ORDER. SUCH  OPTIONS  SHALL  BE
 AVAILABLE  FOR  ALL  METHODS  OF  ORDERING, INCLUDING BUT NOT LIMITED TO
 PHONE,  INTERNET,  OR  MOBILE  PHONE  APPLICATION  ORDERS.  THE  DEFAULT
 SELECTED  OPTIONS  SHALL  BE  THAT  NO SINGLE-USE FOOD SERVICE ITEMS ARE
 REQUESTED.
   (B) NO INQUIRY INTO THE REASON FOR THE REQUEST  SHALL  BE  MADE  BY  A
 RESTAURANT,  THIRD-PARTY  FOOD DELIVERY SERVICE, OR ANY OF ITS EMPLOYEES
 IN CARRYING OUT THE REQUEST AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   2. RESTAURANTS AND THIRD-PARTY FOOD DELIVERY SERVICES  ARE  PROHIBITED
 FROM  PROVIDING  CUSTOMERS  WITH  SINGLE-USE PLASTIC FOOD SERVICE ITEMS.
 THIS PROHIBITION DOES NOT APPLY TO PLASTIC STRAWS, WHICH MAY BE PROVIDED
 BY A RESTAURANT OR THIRD-PARTY FOOD DELIVERY SERVICE, PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION.
   3. SINGLE-USE FOOD SERVICE ITEMS PROVIDED BY A RESTAURANT, PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE  INDIVIDUALLY  WRAPPED  IN
 PLASTIC.
   4.  (A)  IF  A  RESTAURANT FILLS AN ORDER PLACED THROUGH A THIRD-PARTY
 FOOD DELIVERY SERVICE, SUCH  RESTAURANT  MAY  RELY  ON  THE  INFORMATION
 PROVIDED BY SUCH THIRD-PARTY FOOD DELIVERY SERVICE REGARDING WHETHER THE
 CUSTOMER HAS REQUESTED SINGLE-USE FOOD SERVICE ITEMS. IN A PROCEEDING TO
 COLLECT  A  CIVIL  PENALTY PURSUANT TO SECTION 27-3505 OF THIS TITLE, IT
 SHALL BE A COMPLETE DEFENSE FOR A  RESPONDENT  RESTAURANT  TO  ESTABLISH
 THAT  SUCH  RESTAURANT  RELIED  ON THE INFORMATION PROVIDED TO IT BY THE
 THIRD-PARTY FOOD DELIVERY SERVICE REGARDING THE CUSTOMER'S CHOICE PURSU-
 ANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   (B) A COPY OR SCREENSHOT OF A COMMUNICATION BY  THE  THIRD-PARTY  FOOD
 DELIVERY  SERVICE  TO  THE  RESTAURANT  REGARDING  THE CUSTOMER'S CHOICE
 PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
 CONSTITUTE PRIMA FACIE EVIDENCE THAT THE RESTAURANT RELIED ON THE INFOR-
 MATION  PROVIDED  TO  IT  BY THE THIRD-PARTY FOOD DELIVERY SERVICE. EACH
 THIRD-PARTY FOOD DELIVERY SERVICE SHALL PROVIDE  SUCH  COMMUNICATION  IN
 WRITING  TO  A  RESTAURANT WITHIN SEVENTY-TWO HOURS OF SUCH RESTAURANT'S
 REQUEST FOR SUCH COMMUNICATION.
 § 27-3405. 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
 A. 3424--A                          3
 
 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 FOOD SERVICE ITEMS.  RESTAURANTS AND  THIRD-PARTY
 FOOD  DELIVERY SERVICES SHALL ONLY PROVIDE SINGLE-USE FOOD SERVICE ITEMS
 TO CUSTOMERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER PURSUANT TO TITLE
 THIRTY-FOUR 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.