The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2079
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to requiring food
   service establishments to permit the use of reusable beverage and food
   containers provided by customers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "right to refill act".
   § 2. The public health law is amended by adding a new  section  1352-f
 to read as follows:
   § 1352-F. REUSABLE BEVERAGE AND FOOD CONTAINERS PROVIDED BY CUSTOMERS.
 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "FOOD SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE  ENGAGED  IN
 THE  PREPARATION  AND SERVICE ON THE PREMISES OF FOOD AND TO THE GENERAL
 PUBLIC.
   B. "REUSABLE BEVERAGE CONTAINER" SHALL MEAN  A  BOTTLE,  MUG,  CUP  OR
 OTHER  CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES AND
 IS CAPABLE OF MULTIPLE REUSE.
   C. "SINGLE-USE" SHALL MEAN 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.
   D.  "DISPOSABLE  FOOD  SERVICE  CONTAINER"  SHALL MEAN ALL CONTAINERS,
 BOWLS, PLATES, TRAYS, CARTONS, CUPS,  LIDS  AND  OTHER  ITEMS  THAT  ARE
 DESIGNED  OR  GENERALLY  RECOGNIZED  BY THE PUBLIC AS BEING DESIGNED FOR
 SINGLE-USE TO HOLD, CONTAIN,  OR  TRANSPORT  FOODS,  INCLUDING  BUT  NOT
 LIMITED  TO,  CONTAINERS  FOR  LEFTOVERS  FROM  PARTIALLY CONSUMED MEALS
 PREPARED BY FOOD  SERVICE  ESTABLISHMENTS.  THE  TERM  "DISPOSABLE  FOOD
 SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM
 OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03674-01-3

 S. 2079                             2
 
   E. "REUSABLE FOOD CONTAINER" SHALL MEAN ALL CONTAINERS, BOWLS, PLATES,
 TRAYS,  CARTONS,  CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED AND MANU-
 FACTURED TO HOLD FOOD AND ARE CAPABLE OF MULTIPLE REUSE.
   2.  REQUIREMENTS.  A. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT  REFUSE
 THE  REQUEST  OF  A  CUSTOMER  WHO  HAS ORDERED A BEVERAGE TO SERVE SUCH
 BEVERAGE IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY  THE  CUSTOMER  IN
 SUBSTITUTION  FOR  THE SINGLE-USE CONTAINER PROVIDED BY THE FOOD SERVICE
 ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH BEVERAGE, AS DETERMINED BASED  ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
   (II) SUCH BEVERAGE SHALL  BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   B. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE  THAT  SERVES  FOOD  TO
 CUSTOMERS  IN  DISPOSABLE  FOOD  SERVICE CONTAINERS SHALL NOT REFUSE THE
 REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO
 PACKAGE SUCH LEFTOVERS IN A REUSABLE  FOOD  CONTAINER  PROVIDED  BY  THE
 CUSTOMER  IN  SUBSTITUTION  FOR  THE  DISPOSABLE  FOOD SERVICE CONTAINER
 PROVIDED BY THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE FOOD CONTAINER IS CAPABLE  OF  AND  APPROPRIATE  FOR
 PACKAGING  SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE, CLEANLINESS,
 MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD  CONTAIN-
 ER; AND
   (II)  SUCH  LEFTOVERS  SHALL  BE  PACKAGED  IN  A MANNER THAT PREVENTS
 CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD
 SERVING EQUIPMENT.
   3. NOTIFICATION. A. EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS  SHALL  CONSPICU-
 OUSLY  POST  SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE PERMITTED TO
 REQUEST THE SERVICE OF BEVERAGES IN THEIR OWN REUSABLE BEVERAGE CONTAIN-
 ERS.
   B. EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES  FOOD  TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST
 SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK-
 AGING  OF  LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE
 FOOD CONTAINERS.
   § 3. This act shall take effect one year after it shall have become  a
 law.