NY State Senate Bill 2025-S3911

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to environmental conservation

2025-S3911 (ACTIVE) - Details

See Assembly Version of this Bill:: A6949
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 & 27-3403, En Con L

2025-S3911 (ACTIVE) - Summary

Prohibits public food service establishments operating in the state from providing 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.

2025-S3911 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3911

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to eco-
friendly alternative utensils and condiments

 
PURPOSE OR GENERAL IDEA OF BILL:

To promote the use of eco-friendly alternative Utensils and condiments
to reduce plastic waste and support environmental conservation

 
SUMMARY OF PROVISIONS:

Section 1 adds a new title 34 to Article 27 of the Environmental Conser-
vation Law, which establishes eco-friendly standards for utensils and
condiments used by public food service establishments.  The section
mandates that public food service establishments may only provide
single-use plastic utensils or condiments if they are eco-friendly
alternatives and only upon a customer's express request.  Additionally,
establishments with on-site seating must provide reusable, washable

utensils and dishware for on-premises dining and ensure they are
returned for cleaning and reuse. It also prohibits establishments from
offering bundled packages of single-use utensils or condiments.

Section 2 sets the effective date.

 
JUSTIFICATION:

Plastic waste from single-use utensils and condiment packets contributes
significantly to environmental pollution, harming ecosystems and wild-
life while overburdening waste management systems.  With growing
concerns about plastic pollution and its long-term impact on marine life
and human health, New York must adopt measures that encourage the use of
sustainable alternatives. Eco-friendly utensils and condiments, made
from compostable or reusable materials, present a viable solution to
reduce plastic consumption while supporting the state's environmental
conservation goals.

Many states and cities across the country have successfully implemented
similar policies, demonstrating that eco-friendly practices can be seam-
lessly integrated into food service operations without compromising
customer convenience or business profitability.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.

2025-S3911 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3911
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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, 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

 S. 3911                             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.

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Senate Bill S3911

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S3911 (ACTIVE) - Details

2025-S3911 (ACTIVE) - Summary

2025-S3911 (ACTIVE) - Sponsor Memo

2025-S3911 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3911

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S3911 (ACTIVE) - Details

2025-S3911 (ACTIVE) - Summary

2025-S3911 (ACTIVE) - Sponsor Memo

2025-S3911 (ACTIVE) - Bill Text download pdf

Comments