TRENTON – To cut down on unnecessary single-use plastics and, in turn, reduce the strain on the environment, the New Jersey Senate approved legislation sponsored by Senator Bob Smith and Senator Raj Mukherji that would require casual food service businesses to provide single-use utensils and condiments to customers upon request only.
The bill, S3195, would also prohibit full-service restaurants from providing on-site diners with single-use utensils.
“Millions of tons of plastics are disposed of every year in this country, most of which ends up in a landfill at best, and into urban areas or the ocean at worst,” said Senator Smith (D-Middlesex/Somerset). “This bill would make significant strides to decrease the amount of litter that ends up in our communities. Through an educational campaign, we will also work to show our residents and businesses the many benefits of cutting down on single-use plastics.”
“This bill does not prohibit single-use plastic utensils at your favorite fast-food drive-thru,” said Senator Mukherji (D-Hudson). “It merely reduces the harm from plastic waste by curbing the excessive provision of single-use plastics and condiments when the customer has not requested any. Further, reusable and washable utensils are just as useful while posing significantly less risk to our environment.”
The bill’s provisions apply to restaurants, cafes, food trucks, vendor stations, cafeterias, or any other facility or premises where meals are prepared and served to customers for immediate consumption, whether on a take-out, eat-in, drive-thru, or delivery basis. Notable exemptions include schools, health care facilities, and correctional facilities. However, the bill specifically differentiates between the requirements for casual dining establishments and full-service restaurants.
Under the bill, casual food dining establishments, which cover entities such as fast food establishments, food courts, food trucks, and gas stations and convenience stores, would be required to provide single-use utensils and condiments only if requested by a customer.
Full-service restaurants with seating for 10 or more customers must provide on-site patrons with easy access to reusable, washable utensils for use on the premises. If a full-service restaurant offers takeout or delivery, it may provide single-use utensils and condiments with takeout orders upon customer request.
Violations of the legislation would incur penalties. Specifically, food service businesses would be subject to a warning upon the first offense, a civil penalty of $100 upon the second offense, and a civil penalty of $250 for the third and each subsequent offense. If a food service business did not commit a violation for at least 12 months from the time a third or subsequent penalty was assessed, the next penalty would be reduced to a second offense.
No food service business, however, would be subject to a penalty under the bill if it acquires, possesses, or maintains a supply of single-use plastic utensils or condiments to provide to customers upon request.
Any money collected from penalties imposed under the bill would be deposited into the “Clean Communities Program Fund” to finance litter pickup, removal, education, and enforcement programs at the State and local levels. A municipality or entity certified to enforce the bill may retain 30 percent of any penalty it collects under the law.
Finally, the bill would require the Department of Environmental Protection to develop a 180-day education campaign to inform New Jersey residents about the financial and environmental benefits of reducing the use of single-use utensils and condiments. It would additionally encourage responsible use by reminding individuals not to take more items than needed from a self-serve condiment station or utensil dispenser.”
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