Prohibits public food service establishments operating in the state from providing excess food service items including single-use utensils, condiments, napkins and extra containers, to any customer except upon, and in accordance with, the express request of that customer.
A06949 would create a new title in the Environmental Conservation Law aimed at reducing waste from food service items. It prohibits public food service establishments in New York from giving customers utensils, condiments, napkins, or extra eating containers unless the customer expressly requests them, and it applies whether the order is placed in person, by phone, online, or through a third-party delivery service. The bill defines the covered items and establishments broadly, including restaurants, cafes, bars, grocery stores, vending trucks or carts, cafeterias, and similar food providers.
The bill also sets enforcement and penalty rules. A first violation would result in a warning notice, while later violations in the same calendar year could lead to a civil penalty of up to $100 per transaction, with a hearing required before any penalty is imposed. Enforcement authority is assigned to the Department of Environmental Conservation, the Department of Agriculture and Markets, and the Attorney General, and any collected penalties would be deposited into the Environmental Protection Fund. The bill would take effect one year after becoming law, with immediate authorization for rulemaking needed to implement it.
The bill would amend the Environmental Conservation Law by adding a new food service item waste reduction title and would also amend the State Finance Law to direct penalty revenue into the Environmental Protection Fund. It would create a statewide standard limiting automatic distribution of single-use food service items, while preserving local laws in cities of one million or more that already regulate the same subject and are not in conflict. Food service businesses and third-party delivery services would need to change default ordering and fulfillment practices to comply.
The available voting history suggests generally favorable committee sentiment toward the bill. On May 28, 2025, the Assembly Environmental Conservation Committee voted 21-8 to refer the bill favorably to the Codes Committee, indicating meaningful support but not unanimity. No transcript excerpts were provided, so the broader discussion record is limited, but the committee vote shows the measure advanced with a clear majority.
The main likely point of contention is the regulatory burden on restaurants, food retailers, and delivery platforms, which would need to alter how they provide common disposable items and may face penalties for noncompliance. Supporters are likely focused on waste reduction, environmental benefits, and reducing unnecessary single-use plastics and paper waste. Another possible issue is the bill’s interaction with local laws, since it expressly exempts certain large cities with existing compatible restrictions, which may raise questions about uniformity and preemption.