Requires food service establishments to permit the use of reusable beverage and food containers provided by customers when requesting a beverage refill or requesting leftovers from a partially consumed meal to be packaged and post signs to inform customers that they are permitted to do so.
STATE OF NEW YORK
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4673
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. FAHY, WOERNER, BUTTENSCHON, TAYLOR, LUPARDO --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring food
service establishments to permit the use of reusable beverage and food
containers provided by customers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "right to refill act".
3 § 2. The public health law is amended by adding a new section 1352-f
4 to read as follows:
5 § 1352-f. Reusable beverage and food containers provided by customers.
6 1. Definitions. For purposes of this section, the following terms shall
7 have the following meanings:
8 a. "Food service establishment" shall mean a public place engaged in
9 the preparation and service on the premises of food and to the general
10 public.
11 b. "Reusable beverage container" shall mean a bottle, mug, cup or
12 other container that is designed and manufactured to hold beverages and
13 is capable of multiple reuse.
14 c. "Single-use" shall mean a product that is designed and intended to
15 be used only once for drinking or eating, and is generally recognized by
16 the public as an item that is to be discarded after one use.
17 d. "Disposable food service container" shall mean all containers,
18 bowls, plates, trays, cartons, cups, lids and other items that are
19 designed or generally recognized by the public as being designed for
20 single-use to hold, contain, or transport foods, including but not
21 limited to, containers for leftovers from partially consumed meals
22 prepared by food service establishments. The term "disposable food
23 service container" shall not include items composed entirely of aluminum
24 or polystyrene foam coolers and ice chests that are intended for reuse.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03674-01-3
A. 4673 2
1 e. "Reusable food container" shall mean all containers, bowls, plates,
2 trays, cartons, cups, lids and other items that are designed and manu-
3 factured to hold food and are capable of multiple reuse.
4 2. Requirements. a. Any food service establishment in the state that
5 serves beverages to customers in single-use containers shall not refuse
6 the request of a customer who has ordered a beverage to serve such
7 beverage in a reusable beverage container provided by the customer in
8 substitution for the single-use container provided by the food service
9 establishment, provided that:
10 (i) Such reusable beverage container is capable of and appropriate for
11 serving such beverage, as determined based on the size, cleanliness,
12 material, and any other relevant factors, of the reusable beverage
13 container; and
14 (ii) Such beverage shall be dispensed in a manner that prevents
15 contact with, or contamination of, the food-contact surfaces of the
16 beverage dispensing equipment.
17 b. Any food service establishment in the state that serves food to
18 customers in disposable food service containers shall not refuse the
19 request of a customer who has leftovers from partially consumed meals to
20 package such leftovers in a reusable food container provided by the
21 customer in substitution for the disposable food service container
22 provided by the food service establishment, provided that:
23 (i) Such reusable food container is capable of and appropriate for
24 packaging such leftovers, as determined based on the size, cleanliness,
25 material, and any other relevant factors, of the reusable food contain-
26 er; and
27 (ii) Such leftovers shall be packaged in a manner that prevents
28 contact with, or contamination of, the food-contact surfaces of the food
29 serving equipment.
30 3. Notification. a. Every food service establishment in the state that
31 serves beverages to customers in single-use containers shall conspicu-
32 ously post signage informing customers that they are permitted to
33 request the service of beverages in their own reusable beverage contain-
34 ers.
35 b. Every food service establishment in the state that serves food to
36 customers in disposable food service containers shall conspicuously post
37 signage informing customers that they are permitted to request the pack-
38 aging of leftovers from partially consumed meals in their own reusable
39 food containers.
40 § 3. This act shall take effect one year after it shall have become a
41 law.
