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.