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Utensils, Condiments, Napkins, and Containers

Effective July 31, 2023, New York City food service businesses providing take-out and delivery service must comply with these restrictions:

  • Do not provide utensils, condiment packets, napkins, or extra containers to take-out or delivery customers, unless requested by the customer.
  • Your online ordering and delivery apps must be set to a default of not providing these items. You must provide customers with the option to request these items only if you offer them.
  • Delivery and courier services may not provide these items unless such items are requested by the customer.

NOTE: These restrictions do not apply to self-serve stations inside a food service establishment.

Learn more about Local Law 17 of 2023.

Enforcement

These restrictions went into effect July 31, 2023. The warning period ends June 30, 2024.

Beginning July 1, 2024, businesses may receive a violation for not complying with these restrictions.

Fines for each Notice of Violation issued within a 12-month period are:

  • $50 for the first offense
  • $150 for the second offense
  • $250 for the third and subsequent offenses

Businesses should be prepared for visits from inspectors, at least annually as part of routine inspections or 311 investigations, from one or more of the following agencies:

  • NYC Department of Sanitation
  • NYC Department of Consumer and Worker Protection

Additional Resources

We are committed to working with businesses to ensure that they understand the law and help them transition away from single-use plastics.

Learn more about our business resources:

Download the official "Skip the Stuff" notice.

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