TRENTON, N.J. — The New Jersey Senate has approved legislation that would require many casual food service businesses to provide single-use utensils and condiments only when customers ask for them, while also barring full-service restaurants from giving on-site diners disposable utensils.
The bill, sponsored by Sens. Bob Smith and Raj Mukherji, is aimed at reducing single-use plastic waste and the environmental impacts associated with disposal.
“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 proposal would apply to restaurants, cafes, food trucks, vendor stations, cafeterias and other facilities where meals are prepared and served for immediate consumption, whether for takeout, dine-in, drive-thru or delivery. Schools, health care facilities and correctional facilities would be exempt under the measure.
The bill distinguishes between casual food service businesses — including fast-food restaurants, food courts, food trucks, gas stations and convenience stores — and full-service restaurants. Under the bill, casual establishments would provide single-use utensils and condiments only if requested by a customer.
Full-service restaurants with seating for 10 or more customers would be required to give on-site diners easy access to reusable, washable utensils while eating on the premises. Full-service restaurants that offer takeout or delivery could still provide single-use utensils and condiments with those orders, but only upon a customer’s request.
Penalties would start with a warning for a first violation, followed by a $100 civil penalty for a second violation and $250 for a third and subsequent violations. If a business goes at least 12 months without another violation after a third or later penalty, the next penalty would be reduced to a second-offense level, the bill says.
The legislation also specifies that a food service business would not be penalized simply for maintaining a supply of single-use utensils or condiments to provide upon request.
Revenue from penalties would be deposited into the Clean Communities Program Fund to support litter pickup, removal, education and enforcement programs at the state and local levels. Municipalities or entities certified to enforce the law could keep 30% of penalties they collect.
The bill would also direct the Department of Environmental Protection to develop a 180-day education campaign aimed at highlighting the financial and environmental benefits of reducing single-use utensils and condiments and encouraging customers not to take more than they need from self-serve stations.
