Assembly Bill A8007A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8007--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2025
                                ___________
 
 Introduced  by  M.  of A. KELLES, WOERNER, BUTTENSCHON, TAYLOR, LUPARDO,
   SIMON, STECK,  ZACCARO,  ROSENTHAL,  GLICK,  GONZALEZ-ROJAS,  SHIMSKY,
   SIMONE,  REYES,  LUCAS, GALLAGHER, COLTON -- read once and referred to
   the Committee on Health -- recommitted to the Committee on  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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  WHERE
 PREPARED  FOOD  IS SOLD FOR INDIVIDUAL PORTION SERVICE, WHETHER CONSUMP-
 TION OCCURS ON OR OFF THE PREMISES. THIS TERM DOES  NOT  INCLUDE  RETAIL
 FOOD STORES.
   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 REUSES.
   C.  "SINGLE-USE CONTAINER" SHALL MEAN A CONTAINER 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09094-07-6
 A. 8007--A                          2
              

 
   D. "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 REUSES.
   2.  REQUIREMENTS.  A. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL INSTEAD, AT
 THE REQUEST OF A CUSTOMER WHO HAS ORDERED A BEVERAGE, SERVE SUCH  BEVER-
 AGE  IN A REUSABLE BEVERAGE CONTAINER SUPPLIED BY THE CUSTOMER, PROVIDED
 THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER APPEARS APPROPRIATE  FOR  SERVING
 SUCH  BEVERAGE,  BASED ON A REASONABLE VISUAL INSPECTION OF THE CONTAIN-
 ER'S CLEANLINESS, SIZE AND MATERIAL; AND
   (II) SUCH BEVERAGE IS DISPENSED IN  A  MANNER  THAT  PREVENTS  CONTACT
 WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE BEVERAGE
 DISPENSING EQUIPMENT, EITHER BY ISOLATING THE  CUSTOMER-OWNED  CONTAINER
 FROM  THE FOOD SERVING SURFACE OR BY SANITIZING THE FOOD SERVING SURFACE
 AFTER EACH SUCH FILLING.
   B. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE  THAT  SERVES  FOOD  TO
 CUSTOMERS  IN  SINGLE-USE  CONTAINERS SHALL INSTEAD, AT THE REQUEST OF A
 CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS,  PACKAGE  SUCH
 LEFTOVERS  IN  A  REUSABLE  FOOD  CONTAINER  SUPPLIED  BY  THE CUSTOMER,
 PROVIDED THAT:
   (I) SUCH REUSABLE FOOD CONTAINER  APPEARS  APPROPRIATE  FOR  PACKAGING
 SUCH  LEFTOVERS, BASED ON A REASONABLE VISUAL INSPECTION OF THE CONTAIN-
 ER'S CLEANLINESS, SIZE AND MATERIAL; AND
   (II) SUCH LEFTOVERS ARE PACKAGED IN A  MANNER  THAT  PREVENTS  CONTACT
 WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD SERVING
 EQUIPMENT,  EITHER  BY  ISOLATING  THE CUSTOMER-OWNED CONTAINER FROM THE
 FOOD SERVING SURFACE OR BY SANITIZING THE  FOOD  SERVING  SURFACE  AFTER
 EACH SUCH FILLING.
   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 SINGLE-USE  CONTAINERS  SHALL  CONSPICUOUSLY  POST  SIGNAGE
 INFORMING  CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACKAGING OF
 LEFTOVERS FROM PARTIALLY CONSUMED  MEALS  IN  THEIR  OWN  REUSABLE  FOOD
 CONTAINERS.
   4. TAKEOUT OPT-IN. A. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES FOOD FOR TAKEOUT IN SINGLE-USE CONTAINERS MAY OPT, AT THE REQUEST
 OF  A  CUSTOMER,  TO SERVE FOOD IN A REUSABLE FOOD CONTAINER SUPPLIED BY
 THE CUSTOMER, PROVIDED THAT:
   (I) SUCH REUSABLE CONTAINER APPEARS APPROPRIATE FOR SERVING THE  FOOD,
 BASED  ON A REASONABLE VISUAL INSPECTION OF THE CONTAINER'S CLEANLINESS,
 SIZE, AND MATERIAL; AND
   (II) THE FOOD IS SERVED IN A  MANNER  THAT  AVOIDS  CONTACT  WITH,  OR
 CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE FOOD SERVING EQUIP-
 MENT, EITHER BY ISOLATING THE CUSTOMER-OWNED  CONTAINER  FROM  THE  FOOD
 SERVING  SURFACE  OR  BY  SANITIZING THE FOOD SERVING SURFACE AFTER EACH
 SUCH FILLING.
   B. A FOOD SERVICE ESTABLISHMENT IN THE STATE  THAT  CHOOSES  TO  SERVE
 FOOD FOR TAKEOUT IN REUSABLE FOOD CONTAINERS SUPPLIED BY CUSTOMERS SHALL
 CONSPICUOUSLY  POST  SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED
 TO REQUEST THAT FOOD FOR TAKEOUT BE SERVED IN THE CUSTOMER'S  OWN  REUS-
 ABLE FOOD CONTAINER.
 A. 8007--A                          3
 
   5.  NOTHING IN THIS SECTION SHALL REQUIRE A FOOD SERVICE ESTABLISHMENT
 TO FILL A  CUSTOMER'S  REUSABLE  BEVERAGE  CONTAINER  OR  REUSABLE  FOOD
 CONTAINER  IF THE ESTABLISHMENT DETERMINES, BASED ON REASONABLE CONCERNS
 RELATED TO FOOD SAFETY OR OPERATIONAL FEASIBILITY, THAT  SUCH  CONTAINER
 IS NOT APPROPRIATE.
   6.  LIABILITY.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO IMPOSE
 LIABILITY ON A FOOD SERVICE ESTABLISHMENT THAT, IN GOOD FAITH, ACCEPTS A
 REUSABLE BEVERAGE CONTAINER OR REUSEABLE FOOD CONTAINER  PROVIDED  BY  A
 CUSTOMER, INCLUDING CLAIMS RELATED TO FOODBORNE ILLNESS, ALLEGED CONTAM-
 INATION,  OR  THE  CONDITION,  SAFETY,  OR  INTEGRITY  OF THE CONTAINER,
 PROVIDED THAT THE ESTABLISHMENT COMPLIES WITH THE APPLICABLE  PROVISIONS
 OF THIS SECTION.
   7.  RULEMAKING  AUTHORITY. THE COMMISSIONER SHALL PROMULGATE RULES AND
 REGULATIONS ESTABLISHING STANDARDS FOR SAFE  HANDLING  BY  FOOD  SERVICE
 ESTABLISHMENTS   OF  REUSABLE  BEVERAGE  CONTAINERS  AND  REUSABLE  FOOD
 CONTAINERS PROVIDED BY CUSTOMERS AND FOR THE INCORPORATION OF SUCH STAN-
 DARDS INTO HEALTH  INSPECTIONS  OF  FOOD  SERVICE  ESTABLISHMENTS.    IN
 PROMULGATING SUCH RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER
 INPUT  FROM  LOCAL  HEALTH DEPARTMENTS, FOOD SERVICE ESTABLISHMENTS, AND
 OTHER RELEVANT STAKEHOLDERS.
   § 3. This act shall take effect one year after it shall have become  a
 law.