NJ ban limits single-use utensils, condiments at restaurants

The basics:

• NJ law bans automatic distribution of single-use cutlery, condiments starting Aug. 1
• Applies to dine-in, takeout, delivery, drive-thru, food trucks, cafeterias
• Fines escalate: warning → $1,000 → $2,500 per violation; will fund litter cleanup programs
• NJDEP will run a 180-day campaign educating restaurants and customers on reducing plastic waste

New Jersey restaurants will soon be prohibited from providing single-use cutlery or condiment packets unless a customer specifically requests them.

As part of a bill signed Jan. 20 by outgoing Gov. Phil Murphy, the rule applies to dine-in, take-out, delivery or drive-thru orders at restaurants, cafes, food trucks, vendor stations and cafeterias.

NJ.com noted that Murphy made no public statement regarding the legislation before fellow Democrat Mikie Sherrill was inaugurated as the state’s 57th governor. Once the law takes effect Aug. 1, it exempts schools for five years and restaurants in food courts for two years. Health care facilities and correctional facilities would also be exempt under some circumstances.

Violators will be subject to:

• Warning upon the first offense
• $1,000 fine for the second offense
• $2,500 penalty for the third and each subsequent offense

Most fine revenue will support the Clean Communities Program Fund for litter cleanup and education, with 30% retained by local environmental enforcement agencies.

The law also requires the New Jersey Department of Environmental Protection to create a 180-day educational campaign about the benefits of reducing the amount of single-use utensils and condiments offered.

Cleaning up

State Sens. Bob Smith, D-17th District, and Raj Mukherji, D-32nd District sponsored Senate Bill 3195. State Assembly members Alixon Collazos-Gill, D-27th District; Margie Donlo, D-11th District; and Shama Haider, D-37th District; introduced companion legislation.

The Senate approved the measure in a narrow 21-15 vote. It passed the Assembly 43-24.

Mukherji recently pointed out, “This bill does not prohibit single-use plastic utensils at your favorite fast-food drive-thru. 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,” he went on.

Smith said he believes the bill will “make significant strides to decrease the amount of litter that ends up in our communities.” He also feels the NJDEP’s outreach will help show residents and businesses “the many benefits of cutting down on single-use plastics.”

Cutting back

While New Jersey prohibits single-use plastic bags and most paper bags, there was no policy for disposable cutlery, condiments, or other food and beverage accessories.

At the state level, plastic utensil bans have stalled largely because of pushback from the restaurant industry, concerns about costs for small businesses and enforcement complexity. As a result, some municipalities, such as Hoboken, Red Bank, Garwood and Eatontown, have put measures in place prohibiting food providers from offering single-use utensils. New York City, California and Washington state have similar bans.

As the state’s leading hospitality trade association, New Jersey Restaurant & Hospitality Association represents 19,000 food service establishments, hotels and other hospitality businesses.

“We’re pleased the law incorporates several amendments our industry advanced to enhance its workability – including allowing utensils and condiments to be made available in self-service areas and clarifying that soufflé cups and other single-use items may still be provided upon customer request,” NJRHA Vice President of Public Affairs Amanda Stone told NJBIZ.

“Throughout the process, we remained focused on ensuring the legislation advances its intended goals while avoiding undue burdens on restaurants, particularly small and independently-owned businesses operating in fast-paced environments. We also supported an implementation approach that prioritizes education and compliance assistance over punitive enforcement, helping both businesses and consumers understand and adapt to the new requirements.”