S T A T E O F N E W Y O R K
________________________________________________________________________
2276
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
chain restaurants from charging extra for non-dairy alternatives in
beverages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-x to read as follows:
§ 391-X. EXTRA CHARGE FOR NON-DAIRY ALTERNATIVES PROHIBITED. 1. NO
CHAIN FOOD SERVICE ESTABLISHMENT SHALL CHARGE AN ADDITIONAL FEE FOR THE
USE OF NON-DAIRY ALTERNATIVES IN BEVERAGES.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM:
(A) "CHAIN FOOD SERVICE ESTABLISHMENT" SHALL MEAN A FOOD SERVICE
ESTABLISHMENT WHICH IS ONE OF FIFTEEN OR MORE SUCH ESTABLISHMENTS THAT
ARE:
I. OPERATED UNDER THE SAME NAME AT DIFFERENT LOCATIONS WITHIN THE
STATE; AND
II. OPERATED UNDER THE SAME OWNERSHIP OR BY FRANCHISE AGREEMENT.
(B) "NON-DAIRY ALTERNATIVES" SHALL MEAN PLANT-BASED PRODUCTS THAT ARE
MARKETED AND SOLD AS ALTERNATIVES TO MILK AND ARE MADE FROM NUTS, SEEDS,
RICE, OATS, OR LEGUMES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05759-01-5