What's happening
The "Right to Refill Act" requires New York food service establishments to let customers use their own clean reusable containers for beverages and leftovers.
Why it matters
Reduces single-use waste. By requiring food service establishments to accept clean, reusable containers from customers, the bill aims to cut down significantly on single-use plastics and other disposable materials, helping to address environmental concerns and landfill overuse.
Shifts responsibility to businesses. Establishments must adapt their practices—not just by allowing reusables, but also by training staff to ensure food safety (e.g., checking container cleanliness and following procedures to prevent equipment contamination), potentially increasing operational complexity.
Empowers customer choice and awareness. The mandated signage means customers are actively informed of their right to use reusables, which could normalize and encourage more sustainable habits, leading to broader cultural change in consumption and waste.
Establishes clear standards and exceptions. The law specifies that containers must be “capable of and appropriate for” their intended use, giving businesses discretion to refuse containers that are unclean or unsuitable, thus balancing public health concerns with environmental goals.
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Who cares
Headline styles
Allow Reusable Restaurant Containers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.606
- Referred to health
- Referred to rules
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.
Allow Reusable Food Containers
In Assembly Committee · Health · Sponsor Patricia Fahy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6813
2019-2020 Regular Sessions
IN SENATE
October 28, 2019
Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "right to refill act".
§ 2. The public health law is amended by adding a new section 1352-f to read as follows:
§ 1352-f. Reusable beverage and food containers provided by customers. 1. Definitions. For purposes of this section, the following terms shall have the following meanings:
a. "Food service establishment" shall mean a public place engaged in the preparation and service on the premises of food and to the general public.
b. "Reusable beverage container" shall mean a bottle, mug, cup or other container that is designed and manufactured to hold beverages and is capable of multiple reuse.
c. "Single-use" shall mean a product that is designed and intended to be used only once for drinking or eating, and is generally recognized by the public as an item that is to be discarded after one use.
d. "Disposable food service container" shall mean all containers, bowls, plates, trays, cartons, cups, lids and other items that are designed or generally recognized by the public as being designed for single-use to hold, contain, or transport foods, including but not limited to, containers for leftovers from partially consumed meals prepared by food service establishments. The term "disposable food service container" shall not include items composed entirely of aluminum 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.
LBD14006-03-9
S. 6813 2
e. "Reusable food container" shall mean all containers, bowls, plates, trays, cartons, cups, lids and other items that are designed and manufactured to hold food and are capable of multiple reuse.
2. Requirements. a. Any food service establishment in the state that serves beverages to customers in single-use containers shall not refuse the request of a customer who has ordered a beverage to serve such beverage in a reusable beverage container provided by the customer in substitution for the single-use container provided by the food service establishment, provided that:
(i) Such reusable beverage container is capable of and appropriate for serving such beverage, as determined based on the size, cleanliness, material, and any other relevant factors, of the reusable beverage container; and
(ii) Such beverage shall be dispensed in a manner that prevents contact with, or contamination of, the food-contact surfaces of the beverage dispensing equipment.
b. Any food service establishment in the state that serves food to customers in disposable food service containers shall not refuse the request of a customer who has leftovers from partially consumed meals to package such leftovers in a reusable food container provided by the customer in substitution for the disposable food service container provided by the food service establishment, provided that:
(i) Such reusable food container is capable of and appropriate for packaging such leftovers, as determined based on the size, cleanliness, material, and any other relevant factors, of the reusable food container; and
(ii) Such leftovers shall be packaged in a manner that prevents contact with, or contamination of, the food-contact surfaces of the food serving equipment.
3. Notification. a. Every food service establishment in the state that serves beverages to customers in single-use containers shall conspicuously post signage informing customers that they are permitted to request the service of beverages in their own reusable beverage containers.
b. Every food service establishment in the state that serves food to customers in disposable food service containers shall conspicuously post signage informing customers that they are permitted to request the packaging of leftovers from partially consumed meals in their own reusable food containers.
§ 3. This act shall take effect one year 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 public health law, in relation to requiring food service establishments to permit the use of reusable beverage and food containers provided by customers
Purpose or general idea of bill
This legislation permits customers to bring their own reusable container to food establishments.
Summary of provisions
Section 1 - Titles this legislation the "Right to Refill Act".
Section 2 - Amends the public health law to create a new section 1352-f. This section requires that any food establishment that serves beverages or food in a single-use container is prohibited from refusing a reusable beverage or food container supplied by the customer provided that the container is suitable based on size, cleanliness, and material and the beverage must be dispensed in a manner that prevents contact with or the contamination of beverage dispensing equipment.
Establishments will be required to post a sign notifying customers of their "right to refill".
Section 3 - Effective Date - 1 year.
Existing law
Currently, there is no prohibition against consumers providing their own reusable containers.
Justification
The proliferation of single-use plastics poses a serious problem for New York's environment. Plastic can be found everywhere and it's time to reduce the amount of single-use plastics entering the environment. One area to consider is single-use plastics used by food establishments. While the NYS Department of Health has determined that there is no prohibition on food service restaurants utilizing customer's reusable bottles for sanitary reasons, many New Yorkers are unclear on what their rights are when it comes to using reusable containers overall.
This legislation sets standards that will clarify that consumer have an unambiguous right to fill reusable containers instead of opting for single use containers.
Legislative history
This is a new bill.
Fiscal implications
To be determined
Effective date
This act shall take effect one year after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.