S T A T E O F N E W Y O R K
________________________________________________________________________
3911--A
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
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law and the state finance
law, in relation to food service item waste reduction
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
FOOD SERVICE ITEM WASTE REDUCTION
SECTION 27-3401. DEFINITIONS.
27-3403. RESTRICTION ON PROVIDING EXCESS FOOD SERVICE ITEMS.
27-3405. VIOLATIONS.
27-3407. PREEMPTION.
§ 27-3401. DEFINITIONS.
AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "CONDIMENT" MEANS AN INDIVIDUAL, SINGLE-USE CONTAINER, SEALED BY
THE MANUFACTURER, CONTAINING A SAUCE OR OTHER SUBSTANCE USED TO ENHANCE
THE FLAVOR OF FOOD, INCLUDING BUT NOT LIMITED TO, KETCHUP, MUSTARD,
MAYONNAISE, HOT SAUCE, SALT, OR PEPPER.
2. "CUSTOMER" MEANS AN INDIVIDUAL WHO RECEIVES OR PURCHASES FOOD OR
BEVERAGES FROM A PUBLIC FOOD SERVICE ESTABLISHMENT ON A TAKE-OUT, DRIVE-
THRU, OR DELIVERY BASIS.
3. "EATING CONTAINER" MEANS A TOOL USED FOR HOLDING FOOD OR BEVERAGES,
INCLUDING BUT NOT LIMITED TO, A PLATE, BOWL, CUP, OR LID.
4. "NAPKIN" MEANS A PIECE OF CLOTH OR PAPER USED TO WIPE A PERSON'S
HANDS OR FACE OR PROTECT GARMENTS WHILE EATING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05329-05-5
S. 3911--A 2
5. "PUBLIC FOOD SERVICE ESTABLISHMENT" MEANS A PREMISES OR PART OF A
PREMISES WHERE FOOD IS PROVIDED DIRECTLY TO A PERSON, WHETHER SUCH FOOD
IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION OCCURS ON OR
OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE. FOOD
SERVICE ESTABLISHMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, FULL-SERVICE
RESTAURANTS, FAST FOOD RESTAURANTS, CAFES, DELICATESSENS, COFFEE SHOPS,
BARS, NIGHTCLUBS, GROCERY STORES, VENDING TRUCKS OR CARTS AND CAFETERI-
AS.
6. "THIRD-PARTY FOOD DELIVERY SERVICE" SHALL HAVE THE SAME MEANING AS
IN SECTION THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
7. "UTENSIL" MEANS A TOOL USED FOR EATING OR DRINKING, INCLUDING, BUT
NOT LIMITED TO, A KNIFE, FORK, SPOON, DRINKING STRAW, BEVERAGE STIRRER
OR CHOPSTICKS.
§ 27-3403. RESTRICTION ON PROVIDING EXCESS FOOD SERVICE ITEMS.
1. NO PUBLIC FOOD SERVICE ESTABLISHMENT OPERATING IN THE STATE SHALL
PROVIDE UTENSILS, CONDIMENTS, NAPKINS OR EXTRA EATING CONTAINERS TO A
CUSTOMER, WHETHER DIRECTLY TO SUCH CUSTOMER OR THROUGH A THIRD-PARTY
FOOD DELIVERY SERVICE, EXCEPT UPON, AND IN ACCORDANCE WITH, THE EXPRESS
REQUEST OF SUCH CUSTOMER. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY
REGARDLESS OF WHETHER THE CUSTOMER'S MEAL ORDER IS PLACED IN PERSON,
OVER THE PHONE, ONLINE, OR USING OTHER AVAILABLE MEANS OR METHODS.
2. ANY PUBLIC FOOD SERVICE ESTABLISHMENT THAT ELECTS TO SUPPLY CUSTOM-
ERS WITH UTENSILS, CONDIMENTS, NAPKINS OR EXTRA EATING CONTAINERS UPON
REQUEST, AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION, SHALL PROVIDE
EACH CUSTOMER WITH ONLY THOSE TYPES AND AMOUNTS OF UTENSILS, CONDIMENTS,
NAPKINS OR EXTRA EATING CONTAINERS THAT HAVE BEEN EXPRESSLY REQUESTED
THEREBY.
3. NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE A PUBLIC FOOD
SERVICE ESTABLISHMENT TO PROVIDE ANY UTENSILS, CONDIMENTS, NAPKINS OR
EXTRA EATING CONTAINERS TO CUSTOMERS, UPON THEIR REQUEST, AS AUTHORIZED
BY SUBDIVISION ONE OF THIS SECTION.
4. A PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINING A SELF-SERVICE
STATION AT WHICH UTENSILS, CONDIMENTS, NAPKINS OR EXTRA EATING CONTAIN-
ERS ARE OFFERED SHALL NOT BE A VIOLATION OF SUBDIVISION ONE OF THIS
SECTION.
§ 27-3405. VIOLATIONS.
1. ANY PUBLIC FOOD SERVICE ESTABLISHMENT THAT VIOLATES ANY PROVISION
OF THIS TITLE SHALL RECEIVE A WARNING NOTICE FOR THE FIRST SUCH
VIOLATION AND A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS FOR ANY
SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. FOR PURPOSES OF THIS
SECTION, EACH COMMERCIAL TRANSACTION SHALL CONSTITUTE NO MORE THAN ONE
VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED PRIOR
TO THE ASSESSMENT OF ANY CIVIL PENALTY.
2. THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND THE
ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
TITLE, AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE
ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-
TWO-S OF THE STATE FINANCE LAW.
§ 27-3407. PREEMPTION.
THIS TITLE SHALL NOT APPLY IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE THAT HAS A LOCAL LAW, ORDINANCE OR REGULATION IN PLACE THAT
RESTRICTS THE PROVISION OF UTENSILS, CONDIMENTS, NAPKINS AND EXTRA
EATING CONTAINERS BY A PUBLIC FOOD SERVICE ESTABLISHMENT TO A CUSTOMER
AND IS NOT IN CONFLICT WITH THIS TITLE.
S. 3911--A 3
§ 2. Subdivision 3 of section 92-s of the state finance law, as
amended by section 3 of part YY of chapter 58 of the laws of 2025, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, all moneys required to be deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law, all
moneys collected pursuant to section 71-2730 of the environmental
conservation law, all moneys required to be deposited pursuant to
section seven hundred sixty-five of the general business law, all moneys
required to be deposited pursuant to section 27-3205 of the environ-
mental conservation law, ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO
SECTION 27-3405 OF THE ENVIRONMENTAL CONSERVATION LAW, and all other
moneys credited or transferred thereto from any other fund or source
pursuant to law. All such revenue shall be initially deposited into the
environmental protection fund, for application as provided in subdivi-
sion five of this section.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.