July 19, 2023
Restrictions on Providing Utensils, Condiments, Napkins and Containers
Effective July 31, 2023, New York City food service establishments* 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.
These restrictions are effective July 31, 2023; there will be a warning period through June 30, 2024.
Beginning July 1, 2024, those not following the restrictions may receive a Notice of Violation. Fines for each Notice of Violation issued within a 12-month period are: $50 (1st Offense), $150 (2nd Offense), $250 (3rd 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
We are committed to working with businesses to ensure that they understand the law and help them transition away from single-use plastics.
For more information, please review Local Law 17 of 2023. Please call 311 to submit complaints or questions.