Senate Bill S7408B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7408
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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 ENGAGED IN
 THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO  THE  GENERAL
 PUBLIC.
   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 REUSE.
   C.  "SINGLE-USE" SHALL MEAN A PRODUCT 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.
   D. "DISPOSABLE FOOD SERVICE  CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,
 BOWLS,  PLATES,  TRAYS,  CARTONS,  CUPS,  LIDS  AND OTHER ITEMS THAT ARE
 DESIGNED OR GENERALLY RECOGNIZED BY THE PUBLIC  AS  BEING  DESIGNED  FOR
 SINGLE-USE  TO  HOLD,  CONTAIN,  OR  TRANSPORT  FOODS, INCLUDING BUT NOT
 LIMITED TO, CONTAINERS  FOR  LEFTOVERS  FROM  PARTIALLY  CONSUMED  MEALS
 PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS.  THE  TERM "DISPOSABLE FOOD
 SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM
 OR POLYSTYRENE FOAM COOLERS AND ICE CHESTS THAT ARE INTENDED FOR REUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09094-01-5
              

 S. 7408                             2
 
   E. "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 REUSE.
   2.  REQUIREMENTS.  A. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT  REFUSE
 THE  REQUEST  OF  A  CUSTOMER  WHO  HAS ORDERED A BEVERAGE TO SERVE SUCH
 BEVERAGE IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY  THE  CUSTOMER  IN
 SUBSTITUTION  FOR  THE SINGLE-USE CONTAINER PROVIDED BY THE FOOD SERVICE
 ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH BEVERAGE, AS DETERMINED BASED  ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
   (II) SUCH BEVERAGE SHALL  BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   B. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE  THAT  SERVES  FOOD  TO
 CUSTOMERS  IN  DISPOSABLE  FOOD  SERVICE CONTAINERS SHALL NOT REFUSE THE
 REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO
 PACKAGE SUCH LEFTOVERS IN A REUSABLE  FOOD  CONTAINER  PROVIDED  BY  THE
 CUSTOMER  IN  SUBSTITUTION  FOR  THE  DISPOSABLE  FOOD SERVICE CONTAINER
 PROVIDED BY THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE FOOD CONTAINER IS CAPABLE  OF  AND  APPROPRIATE  FOR
 PACKAGING  SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE, CLEANLINESS,
 MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD  CONTAIN-
 ER; AND
   (II)  SUCH  LEFTOVERS  SHALL  BE  PACKAGED  IN  A MANNER THAT PREVENTS
 CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD
 SERVING EQUIPMENT.
   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 DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST
 SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK-
 AGING  OF  LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE
 FOOD CONTAINERS.
   § 3. This act shall take effect one year after it shall have become  a
 law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7408--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2025
                                ___________
 
 Introduced  by  Sens.  FAHY, HARCKHAM, HINCHEY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09094-06-6
              

 S. 7408--A                          2
 
   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.
   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
 S. 7408--A                          3
 
 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.