Bill Text: NY A03424 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that restaurants and third-party food delivery service may provide single-use food service items to customers when explicitly requested by the customer; prohibits certain plastic single-use items.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03424 Detail]
Download: New_York-2023-A03424-Introduced.html
Bill Title: Provides that restaurants and third-party food delivery service may provide single-use food service items to customers when explicitly requested by the customer; prohibits certain plastic single-use items.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03424 Detail]
Download: New_York-2023-A03424-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3424 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, GLICK, PAULIN, SIMON, KELLES, DINOWITZ -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the general busi- ness law, in relation to prohibitions on single-use food service items The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 27 of the environmental conservation law is amended 2 by adding a new title 34 to read as follows: 3 TITLE 34 4 SINGLE-USE FOOD SERVICE 5 ITEMS UPON REQUEST 6 Section 27-3401. Definitions. 7 27-3403. Single-use food service items. 8 27-3405. Enforcement. 9 § 27-3401. Definitions. 10 1. "Restaurant" means any diner or other eating or beverage establish- 11 ment, which offers for sale food or beverages to the public, guests, 12 members, or patrons, whether consumption occurs on or off the premises. 13 2."Single-use food service items" includes single-use plastic cutlery, 14 condiment packs, napkins, or extra eating containers. 15 3. "Third-party food delivery service" shall have the same meaning as 16 section three hundred ninety-one-v of the general business law. 17 § 27-3403. Single-use food service items. 18 1. (a) Restaurants and third-party food delivery services shall only 19 provide single-use food service items to customers when explicitly 20 requested by the customer. Third-party food delivery services shall 21 provide options to allow a customer to request single-use food service 22 items upon submission of an order. Such options shall be available for 23 all methods of ordering, including but not limited to phone, internet, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01372-03-3A. 3424 2 1 or mobile phone application orders. The default selected options shall 2 be that no single-use food service items are requested. 3 (b) No inquiry into the reason for the request shall be made by a 4 restaurant, third-party food delivery service, or any of its employees 5 in carrying out the request authorized by paragraph (a) of this subdivi- 6 sion. 7 2. Restaurants that provide compostable cutlery to customers are 8 required to have access to curbside collection of food waste for 9 composting. 10 3. Single-use food service items provided by a restaurant, pursuant to 11 subdivision one of this section, shall not be individually wrapped in 12 plastic. 13 4. (a) If a restaurant fills an order placed through a third-party 14 food delivery service, such restaurant may rely on the information 15 provided by such third-party food delivery service regarding whether the 16 customer has requested single-use food service items. In a proceeding to 17 collect a civil penalty pursuant to section 27-3405 of this title, it 18 shall be a complete defense for a respondent restaurant to establish 19 that such restaurant relied on the information provided to it by the 20 third-party food delivery service regarding the customer's choice pursu- 21 ant to paragraph (a) of subdivision one of this section. 22 (b) A copy or screenshot of a communication by the third-party food 23 delivery service to the restaurant regarding the customer's choice 24 pursuant to paragraph (a) of subdivision one of this section shall 25 constitute prima facie evidence that the restaurant relied on the infor- 26 mation provided to it by the third-party food delivery service. Each 27 third-party food delivery service shall provide such communication in 28 writing to a restaurant within seventy-two hours of such restaurant's 29 request for such communication. 30 § 27-3405. Enforcement. 31 Every local department of health shall ensure compliance with this 32 title as part of an inspection of a food place pursuant to section thir- 33 teen hundred fifty-one of the public health law, the provisions of the 34 sanitary code and provisions of local ordinances or regulations. Any 35 establishment that violates this title shall be liable for a civil 36 penalty in the amount of two hundred dollars for the first violation, 37 three hundred dollars for the second violation committed on a different 38 day within a period of twelve months, and five hundred dollars for the 39 third and each subsequent violation committed on different days within a 40 period of twelve months, except that the local department of health 41 shall not issue a notice of violation, but shall issue a warning and 42 provide information on compliance with such section, for any violation 43 that occurs within one year of the effective date of this section. 44 § 2. The general business law is amended by adding a new section 399- 45 tt to read as follows: 46 § 399-tt. Single-use food service items. Restaurants and third-party 47 food delivery services shall only provide single-use food service items 48 to customers when explicitly requested by the customer pursuant to title 49 thirty-four of article twenty-seven of the environmental conservation 50 law. 51 § 3. This act shall take effect on the one hundred twentieth day after 52 it shall have become a law.
