S T A T E O F N E W Y O R K
________________________________________________________________________
5899
2023-2024 Regular Sessions
I N A S S E M B L Y
March 24, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law and the public health
law, in relation to prohibitions on single-use plastic straws in
municipal and state run food service establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The title heading of title 27 of article 27 of the environ-
mental conservation law, as added by chapter 641 of the laws of 2008, is
amended to read as follows:
PLASTIC BAG, AND PLASTIC STRAW
REDUCTION, REUSE AND RECYCLING
§ 2. Section 27-2701 of the environmental conservation law, as added
by chapter 641 of the laws of 2008, is amended by adding seven new
subdivisions 8, 9, 10, 11, 12, 13 and 14 to read as follows:
8. "FOOD SERVICE ESTABLISHMENT" MEANS ANY EATING OR BEVERAGE ESTAB-
LISHMENT RUN BY THE STATE OR A MUNICIPALITY IN THE STATE, WHICH OFFERS
FOR SALE FOOD OR BEVERAGES TO THE PUBLIC, GUESTS, MEMBERS, OR PATRONS,
WHERE THE FOOD OR BEVERAGES ARE CUSTOMARILY CONSUMED ON THE PREMISES.
9. "BEVERAGE STRAW" MEANS A TUBE USED FOR TRANSFERRING A BEVERAGE FROM
ITS CONTAINER TO THE MOUTH OF A CONSUMER.
10. "BIODEGRADABLE" MEANS THE ABILITY OF A MATERIAL TO BREAK DOWN,
WITHIN ONE YEAR, INTO NATURAL MATERIALS IN THE NATURAL ENVIRONMENT WITH-
OUT CAUSING HARM.
11. "DISABILITY" MEANS A PHYSICAL, INTELLECTUAL OR SENSORY IMPAIRMENT
THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
12. "MEDICAL CONDITION" MEANS ANY ILLNESS, DISEASE, DISORDER OR INJURY
THAT REQUIRES MEDICAL TREATMENT.
13. "PLASTIC" MEANS A SYNTHETIC MATERIAL MADE FROM ORGANIC POLYMERS,
INCLUDING, BUT NOT LIMITED TO, POLYPROPYLENE AND POLYSTYRENE, THAT CAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10038-01-3
A. 5899 2
BE MOLDED INTO SHAPE WHILE SOFT, AND THEN SET INTO A RIGID OR SLIGHTLY
ELASTIC FORM.
14. "SINGLE-USE" MEANS A PRODUCT THAT IS DESIGNED AND INTENDED TO BE
USED ONLY ONCE FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY
THE PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
§ 3. Title 27 of article 27 of the environmental conservation law, as
added by chapter 641 of the laws of 2008, is amended by adding a new
section 27-2706 to read as follows:
§ 27-2706. SINGLE-USE PLASTIC STRAWS.
1. NO FOOD SERVICE ESTABLISHMENT RUN BY THE STATE OR A MUNICIPALITY IN
THE STATE SHALL OFFER TO CONSUMERS ANY SINGLE-USE BEVERAGE STRAW MADE OF
PLASTIC OR ANY OTHER NON-BIODEGRADABLE MATERIAL. FOOD SERVICE ESTABLISH-
MENTS MAY PROVIDE SUITABLE BEVERAGE STRAWS, INCLUDING THOSE PROHIBITED
BY THIS SECTION, TO A PERSON THAT REQUIRES A STRAW DUE TO A DISABILITY
OR MEDICAL CONDITION AS DEFINED BY THIS TITLE.
2. IN CONSULTATION WITH OTHER STATE AGENCIES, THE DEPARTMENT SHALL
CONDUCT OUTREACH AND EDUCATION TO FOOD SERVICE ESTABLISHMENTS AND STORES
TO INFORM THEM OF THE PROVISIONS OF THIS SECTION AND PROVIDE ASSISTANCE
WITH IDENTIFYING REPLACEMENT MATERIAL. SUCH OUTREACH AND EDUCATION
SHALL BE OFFERED IN MULTIPLE LANGUAGES.
3. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL HAVE THE AUTHORI-
TY TO ENFORCE THE PROVISIONS OF THIS SECTION.
§ 4. Subdivision 2 of section 1352 of the public health law is amended
to read as follows:
2. It shall be unlawful to furnish or serve in any public eating or
drinking establishment, any straw, tube or similar device for drinking
out of glasses, cups or containers of any type unless such straw, tube
or similar device conforms to and is furnished or served in accordance
with TITLE TWENTY-SEVEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
CONSERVATION LAW, AS ADDED BY CHAPTER SIX HUNDRED FORTY-ONE OF THE LAWS
OF TWO THOUSAND EIGHT AND the following requirements: When offered for
use, it shall be completely enclosed in an impervious or a bactericidal
wrapper to be opened by the ultimate user; if unwrapped it may be used
if it is kept in an approved sanitary dispenser loaded from the original
package without handling, which dispenses one such straw, tube or device
at a time directly to the user and which is so constructed that the
interior may be cleaned and kept in a sanitary condition; unused loose
straws, tubes or devices already dispensed from the dispensing container
shall not be used again. No single-service paper containers, paper cups,
paper spoons, paper forks or paper plates shall be used a second time.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.