S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6949
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced by M. of A. KASSAY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT to amend the environmental conservation law, in relation to eco-
   friendly alternative utensils and condiments
 
   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
             ECO-FRIENDLY ALTERNATIVE UTENSILS AND CONDIMENTS
 SECTION 27-3401. DEFINITIONS.
         27-3403. ECO-FRIENDLY ALTERNATIVE UTENSILS AND CONDIMENTS.
 § 27-3401. DEFINITIONS.
   AS  USED  IN  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "CONDIMENT" MEANS PACKAGED KETCHUP, MUSTARD, MAYONNAISE, HOT SAUCE,
 SALT, PEPPER, OR ANY OTHER HERB, SPICE, SEASONING, SAUCE,  OR  SUBSTANCE
 THAT IS USED TO GIVE A SPECIAL FLAVOR TO FOOD.
   2.  "ECO-FRIENDLY  ALTERNATIVE  UTENSILS  AND  CONDIMENTS"  MEANS  AND
 INCLUDES: UTENSILS AND CONDIMENT PACKETS OR PACKAGES WHICH ARE  COMPOSED
 OF  COMPOSTABLE MATERIAL OR ANOTHER MATERIAL APPROVED, BY THE DEPARTMENT
 OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS AN ECO-FRIENDLY
 ALTERNATIVE TO CONVENTIONAL PLASTICS, REGARDLESS OF WHETHER  SUCH  UTEN-
 SILS AND CONDIMENT PACKAGES ARE DESIGNED TO BE DISCARDED, BY THE CONSUM-
 ER, AFTER A SINGLE USE; UTENSILS AND CONDIMENT PACKETS OR PACKAGES WHICH
 ARE  DESIGNED  TO  BE  USED  MULTIPLE  TIMES  AND ARE NOT INTENDED TO BE
 DISCARDED AFTER A SINGLE USE, REGARDLESS OF WHETHER  SUCH  UTENSILS  AND
 CONDIMENT  PACKAGES ARE COMPOSED OF CONVENTIONAL PLASTICS; AND ANY OTHER
 UTENSILS AND CONDIMENT PACKETS OR PACKAGES THAT  ARE  APPROVED,  BY  THE
 DEPARTMENT  OR  THE  UNITED  STATES  ENVIRONMENTAL PROTECTION AGENCY, AS
 ECO-FRIENDLY ALTERNATIVES TO SINGLE-USE PLASTIC UTENSILS OR CONDIMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05329-01-5
              

 A. 6949                             2
 
   3. "PUBLIC FOOD SERVICE ESTABLISHMENT" MEANS  ANY  BUILDING,  VEHICLE,
 PLACE  OR  STRUCTURE,  OR  ANY  ROOM OR DIVISION IN A BUILDING, VEHICLE,
 PLACE OR STRUCTURE WHERE FOOD IS PREPARED, SERVED OR SOLD FOR  IMMEDIATE
 CONSUMPTION  ON  OR IN THE VICINITY OF THE PREMISES; CALLED FOR OR TAKEN
 OUT  BY  CUSTOMERS;  OR  PREPARED  PRIOR  TO  BEING DELIVERED TO ANOTHER
 LOCATION FOR CONSUMPTION.
   4. "SINGLE-USE PLASTIC  UTENSILS  OR  CONDIMENTS"  MEANS  UTENSILS  OR
 CONDIMENT  PACKETS  OR PACKAGES WHICH ARE COMPOSED OF CONVENTIONAL PLAS-
 TICS AND ARE DESIGNED TO BE DISCARDED, BY THE CONSUMER, AFTER  A  SINGLE
 USE.
   5.  "UTENSIL"  MEANS  AN  INSTRUMENT, INCLUDING, BUT NOT LIMITED TO, A
 KNIFE, FORK, OR SPOON, WHICH ARE USED TO EAT  MEALS  SERVED  BY  A  FOOD
 SERVICE BUSINESS.
   6.  "DISHWARE"  SHALL  MEAN  PLATES, BOWLS, AND OTHER DISHES WHICH ARE
 USED TO EAT MEALS SERVED BY A FOOD SERVICE BUSINESS.
 § 27-3403. ECO-FRIENDLY ALTERNATIVE UTENSILS AND CONDIMENTS.
   1. (A) NO PUBLIC FOOD SERVICE ESTABLISHMENT  OPERATING  IN  THE  STATE
 SHALL  PROVIDE SINGLE-USE PLASTIC UTENSILS OR CONDIMENTS TO ANY CUSTOMER
 WHICH ARE NOT ECO-FRIENDLY ALTERNATIVE UTENSILS AND  CONDIMENTS,  EXCEPT
 UPON,  AND IN ACCORDANCE WITH, THE EXPRESS REQUEST OF THAT CUSTOMER. THE
 PROVISIONS OF THIS PARAGRAPH SHALL BE APPLICABLE REGARDLESS OF WHETHER A
 CUSTOMER IS RECEIVING MEALS FROM THE FOOD SERVICE BUSINESS ON AN EAT-IN,
 TAKE-OUT, DRIVE-THRU, OR DELIVERY BASIS, AND REGARDLESS OF  WHETHER  THE
 CUSTOMER'S  MEAL  ORDER  IS PLACED IN PERSON, OVER THE PHONE, ONLINE, OR
 USING OTHER AVAILABLE MEANS OR METHODS.
   (B) A PUBLIC FOOD  SERVICE  ESTABLISHMENT  THAT  HAS  ON-SITE  SEATING
 CAPACITY  SHALL  PROVIDE  ITS  ON-SITE CUSTOMERS WITH REUSABLE, WASHABLE
 UTENSILS AND DISHWARE FOR USE THEREBY WHILE CONSUMING MEALS ON THE PREM-
 ISES, AND SHALL REQUIRE EACH CUSTOMER  USING  SUCH  UTENSILS  TO  RETURN
 THOSE  UTENSILS TO THE FOOD SERVICE BUSINESS, FOR THE PURPOSES OF CLEAN-
 ING AND REUSE, UPON COMPLETION OF THE CUSTOMER'S ON-SITE MEAL.
   2. ANY PUBLIC FOOD SERVICE ESTABLISHMENT THAT ELECTS TO SUPPLY CUSTOM-
 ERS WITH SINGLE-USE PLASTIC UTENSILS OR  CONDIMENTS,  UPON  REQUEST,  AS
 AUTHORIZED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION:
   (A)  SHALL  PROVIDE EACH CUSTOMER WITH ONLY THOSE TYPES AND AMOUNTS OF
 SINGLE-USE PLASTIC UTENSILS AND  CONDIMENTS  THAT  HAVE  BEEN  EXPRESSLY
 REQUESTED THEREBY; AND
   (B) SHALL NOT CREATE, ACQUIRE, OR PROVIDE CUSTOMERS WITH BUNDLED PACK-
 AGES  THAT  CONTAIN  MORE THAN ONE TYPE OF SINGLE-USE PLASTIC UTENSIL OR
 CONDIMENT, REGARDLESS OF THE NATURE OF ANY CUSTOMER REQUEST THEREFOR.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE  A  PUBLIC  FOOD
 SERVICE  ESTABLISHMENT  TO  PROVIDE  ANY  SINGLE-USE PLASTIC UTENSILS OR
 CONDIMENTS TO CUSTOMERS, UPON THEIR REQUEST, AS AUTHORIZED BY  PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.