NY State Senate Bill 2023-S4449A

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Dec 04, 2023	print number 4449a
Dec 04, 2023	amend (t) and recommit to environmental conservation
Feb 08, 2023	referred to environmental conservation

Bill Amendments

Original

A (Active)

2023-S4449 - Details

See Assembly Version of this Bill:: A3424
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3405, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8264, A5383
2025-2026: S4059, A1692

2023-S4449 - Summary

Provides that restaurants and third-party food delivery service may provide single-use food service items to customers when explicitly requested by the customer; prohibits certain plastic single-use items.

2023-S4449 - Sponsor Memo

                                 
BILL NUMBER: S4449

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law and the general busi-
ness law, in relation to prohibitions on single-use food service items

 
PURPOSE:

This bill will reduce plastic pollution by prohibiting bars and restau-
rants from providing single-use food service items unless requested by
the customer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends article 27 of the environmental conservation law by
adding a new title 34.

Section two amends the general business law by adding a new section
399-tt.

Section three sets forth the effective date.

 
JUSTIFICATION:

According to the UN Environment Program, single-use plastic creates more
than eight million tons of plastic waste each year. Much of the plastic
waste is produced by takeout/delivery restaurants and other food service
establishments that provide multiple single-use plastic utensils with
each meal. Plastic forks, knives and spoons are quickly disposed of and
end up in our landfills and waterways, where they can be and are ingest-
ed by land and marine animals.

Plastic cutlery, typically made of a material called polypropylene, may
break down into smaller pieces over long periods of time, but never
completely biodegrade. While some plastics can be recycled, plastic
cutlery is too small and light to be processed by recycling equipment.

By prohibiting restaurants from automatically distributing cutlery,
condiment packets and other single-use items with every meal served and
switching over to an "upon request only" system, these establishments
will be able to markedly reduce the amount of plastic that ends up in
landfills and waterways each year, creating a cleaner and safer environ-
ment for all.

 
LEGISLATIVE HISTORY:

2021-22: S.8264 (May) / A.5383 (Rosenthal L.)

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2023-S4449 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4449
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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 food service items

   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 UPON REQUEST
 SECTION 27-3401. DEFINITIONS.
         27-3403. SINGLE-USE FOOD SERVICE ITEMS.
         27-3405. ENFORCEMENT.
 § 27-3401. DEFINITIONS.
   1. "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.
   2."SINGLE-USE FOOD SERVICE ITEMS" INCLUDES SINGLE-USE PLASTIC CUTLERY,
 CONDIMENT PACKS, NAPKINS, OR EXTRA EATING CONTAINERS.
   3. "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.   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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01372-03-3
 S. 4449                             2

 
 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  THAT  PROVIDE  COMPOSTABLE  CUTLERY  TO CUSTOMERS ARE
 REQUIRED TO HAVE  ACCESS  TO  CURBSIDE  COLLECTION  OF  FOOD  WASTE  FOR
 COMPOSTING.
   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 27-3405 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
 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.

2023-S4449A (ACTIVE) - Details

See Assembly Version of this Bill:: A3424
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3405, En Con L; add §399-tt, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8264, A5383
2025-2026: S4059, A1692

2023-S4449A (ACTIVE) - Summary

2023-S4449A (ACTIVE) - Sponsor Memo

2023-S4449A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4449--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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
 INTENDED BY THE MANUFACTURER FOR ONLY ONE  USE  BEFORE  BEING  DISCARDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01372-13-3

 S. 4449--A                          2
 
 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
 ESTABLISHMENT THAT VIOLATES THIS TITLE  SHALL  BE  LIABLE  FOR  A  CIVIL
 S. 4449--A                          3
 
 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.

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Senate Bill S4449A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

2023-S4449 - Details

2023-S4449 - Summary

2023-S4449 - Sponsor Memo

2023-S4449 - Bill Text download pdf

2023-S4449A (ACTIVE) - Details

2023-S4449A (ACTIVE) - Summary

2023-S4449A (ACTIVE) - Sponsor Memo

2023-S4449A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

2023-S4449 - Details

2023-S4449 - Summary

2023-S4449 - Sponsor Memo

2023-S4449 - Bill Text download pdf

2023-S4449A (ACTIVE) - Details

2023-S4449A (ACTIVE) - Summary

2023-S4449A (ACTIVE) - Sponsor Memo

2023-S4449A (ACTIVE) - Bill Text download pdf

Comments