Add Art 27 Title 33 §§27-3301 - 27-3305, En Con L; add §399-tt, Gen Bus L
Provides that restaurants may provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.
STATE OF NEW YORK
________________________________________________________________________
112
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, LUPARDO, GLICK, TAYLOR, SEAWRIGHT,
SIMON, BARRETT, BRONSON, STECK, WEPRIN, FAHY, RAMOS, REYES, EPSTEIN,
PAULIN, COLTON, JACOBSON, OTIS, McMAHON, BURDICK, GONZALEZ-ROJAS,
ZINERMAN, HEVESI, KELLES, K. BROWN -- Multi-Sponsored by -- M. of A.
THIELE -- 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 plastic straws and
stirrers in restaurants
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 33 to read as follows:
3 TITLE 33
4 PLASTIC STRAW AND STIRRER RESTRICTIONS
5 Section 27-3301. Definitions.
6 27-3303. Single-use plastic straws and stirrers.
7 27-3305. Enforcement.
8 § 27-3301. Definitions.
9 For the purposes of this title, "restaurant" means any diner or other
10 eating or beverage establishment, which offers for sale food or beverag-
11 es to the public, guests, members, or patrons, whether consumption
12 occurs on or off the premises.
13 § 27-3303. Single-use plastic straws and stirrers.
14 1. (a) Restaurants may not provide single-use plastic straws unless
15 explicitly requested by the customer.
16 (b) No inquiry into the reason for the request shall be made by a
17 restaurant or any of its employees in carrying out the request author-
18 ized by paragraph (a) of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00017-01-3
A. 112 2
1 2. Restaurants are prohibited from providing customers with single-use
2 plastic stirrers.
3 3. (a) Nothing in this section shall preclude a restaurant from
4 providing customers with non-plastic straws or stirrers as an alterna-
5 tive to single-use plastic straws and stirrers, including, but not
6 limited to, straws and/or stirrers made from paper, sugar cane, bamboo
7 or compostable materials.
8 (b) Restaurants that provide compostable straws or stirrers to custom-
9 ers are required to have access to curbside collection of food waste for
10 composting.
11 4. Single-use plastic straws provided by a restaurant, pursuant to
12 subdivision one of this section, shall not be individually wrapped in
13 plastic, except for prepackaged individual serving beverages where a
14 plastic straw is included in the packaging.
15 § 27-3305. Enforcement.
16 Every local department of health shall ensure compliance with this
17 title as part of an inspection of a food place pursuant to section thir-
18 teen hundred fifty-one of the public health law, the provisions of the
19 sanitary code and provisions of local ordinances or regulations. Any
20 establishment that violates this title shall be liable for a civil
21 penalty in the amount of two hundred dollars for the first violation,
22 three hundred dollars for the second violation committed on a different
23 day within a period of twelve months, and five hundred dollars for the
24 third and each subsequent violation committed on different days within a
25 period of twelve months, except that the local department of health
26 shall not issue a notice of violation, but shall issue a warning and
27 provide information on compliance with such section, for any violation
28 that occurs within one year of the effective date of this section.
29 § 2. The general business law is amended by adding a new section 399-
30 tt to read as follows:
31 § 399-tt. Single-use plastic straws. Restaurants may only provide
32 single-use plastic straws to customers where explicitly requested by the
33 customer pursuant to title thirty-three of article twenty-seven of the
34 environmental conservation law.
35 § 3. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law.
