New Jersey law limiting distribution of single-use utensils and condiments takes effect Saturday

NEW JERSEY — A new New Jersey law restricting when food service businesses may provide single-use utensils and condiment packets to customers takes effect Saturday, Aug. 1.

The law applies to food service businesses, including restaurants, cafés, food trucks, cafeterias and other establishments that prepare and serve meals for immediate consumption, whether on a takeout, eat-in, drive-thru or delivery basis. It covers both full-service restaurants and casual dining establishments.

Beginning Saturday, full-service restaurants with on-site seating for 10 or more customers may not provide single-use utensils or condiments to customers dining on-site. Instead, they are required to provide reusable, washable utensils for on-premises meals and require customers to return those utensils for cleaning and reuse. The restriction applies regardless of whether the meal was ordered in person, by phone or online.

Casual dining establishments may provide single-use utensils or condiments only upon the express request of a customer. Requests may be made in person, by phone, online or by using a utensil dispenser or self-serve condiment station.

The law also allows online ordering applications to let customers request single-use utensils or condiments for takeout meals, provided the default selection is “no utensils or condiments.” Food service businesses are responsible for ensuring those items are not provided unless requested.

Businesses that provide single-use utensils or condiments upon request may provide only the types and quantities specifically requested by the customer. Beginning Aug. 1, 2027, they also may not distribute bundled packages containing multiple types of single-use utensils or condiments.

The law does not require food service businesses to provide single-use utensils or condiments upon request. It also allows businesses to continue using single-use portion cups for sauces, dressings and similar accompaniments and permits employees to offer single-use utensils or condiments when the business is otherwise authorized to provide them.

Exemptions apply to public and nonpublic preschool through 12th-grade schools, licensed health care facilities, county and state correctional facilities, and food service businesses located in food courts, which are exempt for two years after the law takes effect.

Violations are subject to a warning for a first offense, a $100 civil penalty for a second offense and a $250 civil penalty for a third and each subsequent offense. Each day a violation occurs constitutes a separate offense. Penalty revenue will be deposited into the state’s Clean Communities Program Fund.