New Jersey passes law to limit single-use plastic utensils

On his final day in office, Jan. 19, New Jersey Gov. Phil Murphy signed a bill, S-3195, that will reduce plastic waste from utensils and condiments and require reusable utensils at those establishments.

The bill, sponsored by Sens. Bob Smith and Raj Mukherji, will take effect Aug. 1 and requires casual food service businesses to provide single-use utensils and condiments to customers only upon request. It also prohibits full-service restaurants from providing guests eating on-site with single-use utensils.

“Millions of tons of plastics are disposed of every year in this country, most of which ends up in a landfill at best, and into urban areas or the ocean at worst,” Smith says. “This bill would make significant strides to decrease the amount of litter that ends up in our communities. Through an educational campaign, we will also work to show our residents and businesses the many benefits of cutting down on single-use plastics.”

Also called “Skip the Stuff,” the bill’s provisions apply to restaurants, cafes, food trucks, vendor stations, cafeterias or any other facility or premises where meals are prepared and served for immediate consumption, whether on a takeout, eat-in, drive-thru or delivery basis. Schools, healthcare and correctional facilities are exempt.

Under the bill, casual food dining establishments such as fast-food establishments, food courts, food trucks, gas stations and convenience stores would be required to provide single-use utensils and condiments only if requested by a customer. Full-service restaurants with seating for 10 or more customers would be required to provide their on-site patrons with easy access to reusable, washable utensils to use while eating on-site. If a full-service restaurant offers takeout or delivery services, it would be permitted to provide single-use utensils and condiments with takeout orders upon a customer’s request.

“This bill does not prohibit single-use plastic utensils at your favorite fast-food drive-thru,” Mukherji says. “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.”

Per the bill, food service businesses who violate its rules will be subject to a warning for the first offense, a $100 fine for the second offense and a fine of $250 for the third and each subsequent offense. If a food service business did not commit a violation for at least 12 months from the time a third or subsequent penalty was assessed, the next penalty would be reduced to a second offense. Notably, no food service business would be subject to a penalty under the law if it acquires, possesses or maintains a supply of single-use plastic utensils or condiments to provide to customers upon request.

Any money collected from penalties will be deposited into the Clean Communities Program Fund for use in financing litter pickup, removal, education and enforcement programs at the state and local levels. A municipality or entity certified to enforce the bill would be permitted to retain 30 percent of any penalty it collects.

The bill also states that it will require New Jersey’s Department of Environmental Protection to develop a 180-day education campaign with the goal of educating residents on the financial and environmental benefits of reducing the use of single-use plastic utensils and condiments.

According to environmental organization and bill supporter Oceana, policies governing the use and production of single-use plastic items are the most effective way to address the growing plastic pollution crisis and are becoming more popular at the state and local level. The Washington-based organization notes that California, Washington state and New York City have passed similar laws.

“Oceana applauds New Jersey lawmakers for addressing plastic pollution by passing ‘Skip the Stuff’—a commonsense step to cut back on single-use plastic and support reuse,” says John Weber, Oceana’s senior field representative in New Jersey. “Too often, takeout orders come loaded with plastic utensils and condiment packets that customers didn’t ask for, and those items quickly become waste. This law will mean less single-use plastic in the oceans and savings for restaurants.”

The state already has enacted similar legislation regarding single-use plastics, including a law in 2021 that limited plastic straw use and a ban on plastic bags and foam in 2022.