TRENTON, N.J. — A New Jersey Senate panel on Monday advanced legislation that would restrict when restaurants and other food service businesses may provide single-use utensils and condiments, part of a broader effort to reduce waste and promote environmentally responsible practices.
The Senate Budget and Appropriations Committee voted 8–3, with one abstention and one member not voting, to approve Senate Bill 3195 with amendments. The measure is sponsored by Sens. Bob Smith and Raj Mukherji, with several co-sponsors including Sens. Linda Greenstein, Andrew Zwicker and Patrick Diegnan.
As amended, the bill would prohibit many food service businesses from automatically providing single-use plastic utensils or condiments. Beginning seven months after enactment, full-service restaurants with seating for 10 or more would not be allowed to offer single-use utensils or condiments to on-site customers except under limited circumstances. Casual dining establishments would be permitted to provide them only when expressly requested by customers.
Online ordering applications may allow customers to request utensils or condiments for takeout, but the default selection must be “no utensils or condiments,” and the food service business bears responsibility for ensuring they are not provided unless asked for.
The bill also allows casual dining establishments that cannot accommodate verbal requests to use utensil dispensers that provide one utensil at a time. Open trays or bins would not qualify, except in sports arenas or entertainment venues.
Certain institutions would be exempt, including public and nonpublic K-12 schools, licensed health care facilities and state or county correctional facilities. Pre-packaged foods that come with utensils attached during manufacturing would also be exempt.
Businesses supplying utensils or condiments upon request would be required to provide only the types and amounts specifically requested. Twelve months after the bill takes effect, businesses would be barred from giving customers bundled utensil or condiment packages containing more than one type of single-use item.
Violations would result in escalating penalties: a warning for the first offense, a $1,000 civil penalty for the second, and $2,500 for the third and subsequent offenses. Penalty revenue would go to the Clean Communities Program Fund, with 30 percent retained locally by municipalities and county enforcement agencies.
The bill directs the Department of Environmental Protection to conduct a 180-day public education campaign highlighting the financial and environmental benefits of reducing unnecessary single-use items and encouraging responsible consumer behavior.
Under the legislation, counties and municipalities would be prohibited from enacting new rules regarding single-use utensils or condiments, and any such local regulations adopted previously would be preempted.
The Office of Legislative Services said the measure would have an “indeterminate impact” on state and local expenditures and revenues. The report noted potential short-term cost increases if businesses purchase pricier alternatives, possible long-term savings from reduced usage, and increased administrative and enforcement costs. Additional revenue would come from penalties, though the frequency of violations is unknown.
Monday’s committee vote was as follows: Yes — Sarlo, Greenstein, Burgess, Burzichelli, Cruz-Perez, Diegnan, McKeon and Zwicker. No — O’Scanlon, Steinhardt and Testa. Not voting — Amato. Abstaining — Ruiz.
