What's happening
This bill restricts restaurants from providing single-use plastic straws and bans single-use plastic stirrers unless requested, with penalties for violations.
Why it matters
Supports environmental goals by reducing plastic waste. By limiting the availability of single-use plastic straws and completely banning plastic stirrers, the bill aims to cut down on plastic pollution, which can harm wildlife and ecosystems and contribute to landfill overflow.
Preserves accessibility for people with disabilities. The bill ensures that anyone who needs a plastic straw can still request one, and explicitly prohibits staff from questioning the reason, maintaining dignity and access for individuals with disabilities or specific needs.
Encourages adoption of sustainable alternatives. Restaurants are allowed—and implicitly encouraged—to offer non-plastic straws and stirrers made from materials like paper, bamboo, or compostable substances, nudging businesses and consumers toward greener choices. If compostable products are provided, restaurants must have access to composting services, reinforcing proper disposal practices.
Establishes clear enforcement and a phased approach. Local health departments will enforce the law during routine inspections, with escalating penalties for repeat violations. However, for the first year after enactment, only warnings and compliance information will be issued, giving businesses time to adapt without immediate financial penalties.
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Who cares
Headline styles
Limit Plastic Straws in Restaurants
Plain English, a few words. Used as the page title.
Sponsors
26 Co-sponsors
- Donna Lupardo
- Aravella Simotas
- Ellen C. Jaffee
- Al Taylor
- Walter T. Mosley
- William Colton
- Deborah Glick
- Yuh-Line Niou
- Richard Gottfried
- Charles Barron
- Jose Rivera
- Rebecca Seawright
- Jo Anne Simon
- Felix Ortiz
- Michael Blake
- Anthony D'Urso
- Sandy Galef
- Didi Barrett
- Harry B. Bronson
- Phil Steck
- David Weprin
- Patricia Fahy
- Philip Ramos
- Karines Reyes
- Harvey Epstein
- Amy Paulin
2 Multi-sponsors
History
- Print number 90a
- Amend (t) and recommit to codes
- Referred to codes
- Reported referred to codes
- 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 Senate Committee · Environmental Conservation · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
90--A
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, LUPARDO, SIMOTAS, JAFFEE, TAYLOR, MOSLEY, COLTON, GLICK, NIOU, GOTTFRIED, BARRON, RIVERA, SEAWRIGHT, SIMON, ORTIZ, BLAKE, D'URSO, GALEF, BARRETT, BRONSON, STECK, WEPRIN, FAHY, RAMOS, REYES, EPSTEIN, PAULIN -- Multi-Sponsored by -- M. of A. LIFTON, THIELE -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- 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 and stirrers 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 30 to read as follows:
TITLE 30
PLASTIC STRAW AND STIRRER RESTRICTIONS Section 27-3001. Definitions.
27-3003. Single-use plastic straws and stirrers.
27-3005. Enforcement. § 27-3001. 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, whether consumption occurs on or off the premises. § 27-3003. Single-use plastic straws and stirrers.
1. (a) Restaurants shall only provide single-use plastic straws to customers when explicitly requested by the customer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01864-14-0
A. 90--A 2
(b) No inquiry into the reason for the request shall be made by a food service establishment or any of its employees in carrying out the request authorized by paragraph (a) of this subdivision.
2. Restaurants are prohibited from providing customers with single-use plastic stirrers.
3. (a) Nothing in this section shall preclude a restaurant from providing customers with non-plastic straws or stirrers as an alternative to single-use plastic straws and stirrers, including, but not limited to, straws and/or stirrers made from paper, sugar cane, bamboo or compostable materials.
(b) Restaurants that provide compostable straws or stirrers to customers are required to have access to curbside collection of food waste for composting.
4. Single-use plastic straws provided by a food service establishment, pursuant to subdivision one of this section, shall not be individually wrapped in plastic, except for prepackaged individual serving beverages where a plastic straw is included in the packaging. § 27-3005. Enforcement.
Every local department of health shall ensure compliance with this title as part of an inspection of a food place pursuant to section thirteen hundred fifty-one of the public health law, the provisions of the sanitary code and provisions of local ordinances or regulations. Any establishment that violates this title shall be liable for a civil penalty in the amount of two hundred dollars for the first violation, three hundred dollars for the second violation committed on a different day within a period of twelve months, and five hundred dollars for the third and each subsequent violation committed on different days within a period of twelve months, except that the local department of health 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 thirty 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.