What's happening
This bill prohibits restaurants in New York from providing single-use plastic straws except upon customer request or from a self-service dispenser.
Why it matters
Reduces plastic pollution. by limiting the default distribution of single-use plastic straws, which are a major source of waste and environmental harm, especially to waterways and marine life.
Promotes consumer choice and accessibility. by still allowing customers to request plastic straws if needed (including for those with disabilities who may require them) or to select them from self-service dispensers.
Encourages alternatives. by explicitly permitting restaurants to offer non-plastic straws (such as paper, sugar cane, or bamboo), which can help shift both business practices and public habits toward more sustainable options.
Implements a phased enforcement approach. with initial warnings and compliance information (rather than immediate fines) for the first year, giving restaurants time to adapt and reducing the risk of punitive action during the transition.
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Who cares
Headline styles
Limit Plastic Straws in Restaurants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 8726b
- Amend (t) and recommit to environmental conservation
- Print number 8726a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Plastic Straws in Restaurants
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8726--B
IN SENATE
May 10, 2018
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law and the general business law, in relation to prohibitions on single-use plastic straws in restaurants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 28 to read as follows:
TITLE 28
PLASTIC STRAW RESTRICTIONS Section 27-2801. Definitions.
27-2803. Single-use plastic straws.
27-2805. Enforcement. § 27-2801. Definitions. For the purposes of this title, "restaurant" means any diner or other eating or beverage establishment, which offers for sale food or beverages to the public, guests, members, or patrons, where the food or beverages are customarily consumed on the premises. For purposes of this title, "restaurant" shall include a fast food establishment, bar, coffee shop, cafeteria, luncheonette, or short order cafe; however, "restaurant" shall not include a sandwich stand, soda fountain, drive-through portion of a restaurant, drive-in restaurant, or any establishment or portion of a restaurant where food or beverages are customarily consumed off the premises. § 27-2803. Single-use plastic straws.
1. Restaurants shall only provide single-use plastic straws to customers when explicitly requested by the customer or selected by the consumer from a self-service dispenser.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14988-05-8
S. 8726--B 2
2. Nothing in this section shall preclude a restaurant from providing customers with non-plastic straws as an alternative to single-use plastic straws, including, but not limited to, straws made from paper, sugar cane, or bamboo. § 27-2805. Enforcement.
Any person who violates this title shall be liable for a civil penalty in the amount of one hundred dollars for the first violation, two hundred dollars for the second violation committed on a different day within a period of twelve months, and four hundred dollars the the third and each subsequent violation committed on different days within a period of twelve months, except that the department shall not issue a notice of violation, but shall issue a warning and provide information on compliance with such section, for any violation that occurs within one year of the effective date of this section.
§ 2. The general business law is amended by adding a new section 399- tt to read as follows:
§ 399-tt. Single-use plastic straws. Restaurants shall only provide single-use plastic straws to customers where explicitly requested by the customer pursuant to title twenty-eight of article twenty-seven of the environmental conservation law.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law and the general business law, in relation to prohibitions on single-use plastic straws in restaurants
Purpose
This bill would reduce plastic pollution by prohibiting certain restau- rants and food service establishments from providing a single-use plas- tic straw with drinks unless requested by the customer.
Summary of specific provisions
Section one amends article 27 of the environmental conservation law by adding a new title 28.
Section two amends the general business law by adding a new section 399-tt.
Section three sets forth the effective date. JUSTIFICATION: According to the United States National Park Service, Americans use 500 million plastic drinking straws each day. A majority of these straws come from restaurants and other food service establishments where it is common for a single-use plastic straw to be provided with each beverage served. Plastic straws are quickly disposed of and end up in our landfills and waterways, where they are often ingested by land and marine animals.
Plastic straws, typically made of a material called polypropylene, may break down into smaller pieces over long periods of time, but never completely biodegrade. It is said that nearly every plastic straw ever used still exists in some form. While some plastics do end up being incinerated, this process allows harmful, toxic chemicals to be released into the air.
By prohibiting certain food service establishments from habitually hand- ing out straws with every beverage served and switching over to a "upon request only" system, these establishments will be able to markedly reduce the number of straws that end up in landfills and waterways each year, creating a cleaner and safer environment for humans and animals alike.
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect in 120 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.