NY State Senate Bill 2023-S2079

Senate Bill S2079

2023-2024 Legislative Session

Relates to requiring food service establishments to permit the use of reusable beverage and food containers provided by customers

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2024	advanced to third reading
Feb 28, 2024	2nd report cal.
Feb 27, 2024	1st report cal.558
Jan 03, 2024	referred to health
Jun 10, 2023	committed to rules
May 22, 2023	advanced to third reading
May 18, 2023	2nd report cal.
May 17, 2023	1st report cal.1047
Jan 18, 2023	referred to health

Votes

- Feb 27, 2024 - Health Committee Vote
  S2079
  
  11
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 27, 2024
      
      aye (11)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (2)
      
      Gallivan
      
      Stec
      
      aye wr (2)
      
      Martins
      
      Rhoads
  May 17, 2023 - Health Committee Vote
  S2079
  
  10
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 17, 2023
      
      aye (10)
      
      Ashby
      
      Brouk
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (4)
      
      Felder
      
      Gallivan
      
      Rhoads
      
      Stec
      
      aye wr (1)
      
      Martins

co-Sponsors

2023-S2079 (ACTIVE) - Details

See Assembly Version of this Bill:: A4673
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6813, A8722
2021-2022: S4880, A3052

2023-S2079 (ACTIVE) - Summary

Requires food service establishments to permit the use of reusable beverage and food containers provided by customers when requesting a beverage refill or requesting leftovers from a partially consumed meal to be packaged and post signs to inform customers that they are permitted to do so.

2023-S2079 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2079

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the public health law, in relation to requiring food
service establishments to permit the use of reusable beverage containers
provided by customers

 
SUMMARY OF PROVISIONS:

Section 1 names this bill the "Right to Refill Act."

Section 2 amends the public health law to add new section 1352-f.

Section 1352-f is amended to (1) define "food service establishment,"

"reusable beverage container," and "single-use;" (2) set requirements
for food service establishments in the state that serve beverages in
single-use containers; and (3) provide for notification and signage
requirements for food service establishments.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The proliferation of single-use plastics has continued to degrade the
environment in New York and ecosystems around the world. In the United
States alone, Americans discard more than 60 million single-use plastic
water bottles a day. While the NYS Department of Health has determined
that there is no prohibition on food service restaurants utilizing
customer's reusable bottles for sanitary reasons, many New Yorkers are
unclear on what their rights are when it comes to using reusable
containers.This legislation sets standards that will clarify that
consumer have an unambiguous right to fill reusable containers instead
of opting for single use containers.

 
LEGISLATIVE HISTORY:

2021-22: S4880 (Kavanagh) / A3052 (Fahy) - HEALTH/health

2019-20:S6813 (Metzger) / A8722 (Fahy) - RULES/health

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law

2023-S2079 (ACTIVE) - Bill Text download pdf

                             
                     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.

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Anonymous

7 months ago

Please support this bill that will reduce the waste produced by food establishments in NY. It is urgent to reduce the NYC waste that pollutes our Upstate neighbors!

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2079

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Sponsored By

Brian Kavanagh