New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A3746

Introduced
1/13/26  
Refer
1/13/26  
Failed
1/13/26  

Caption

Prohibits food service businesses from providing single-use utensils and condiments to customers, except upon request, and requires certain food service businesses to provide reusable, washable utensils to customers eating on site.

Impact

Under A3746, food service businesses with on-site seating capacity for 50 or more patrons will also be mandated to provide reusable, washable utensils for customers dining in. The bill outlines a civil penalty structure for violations, including a warning for the first offense followed by escalating fines for subsequent violations, with daily infractions constituting separate offenses. The collected fines will contribute to the Clean Communities Program Fund, which supports litter cleanup and environmental educational programs at both the state and local level.

Summary

Assembly Bill A3746 seeks to prohibit food service businesses in New Jersey from providing single-use utensils and condiments to customers unless explicitly requested. This bill is designed to reduce unnecessary waste and encourage environmental sustainability by limiting the distribution of plastic and non-reusable items within the food service industry. The bill specifically targets packaged single-use items, such as plastic forks and condiment packets, which are often discarded after a single use and contribute to environmental litter.

Contention

While supporters of A3746 argue that it aligns with ongoing efforts to combat pollution and promote sustainability, the bill also contains exemptions: schools will not be required to comply for the first five years, and health care facilities are exempt during infectious disease outbreaks or outdoor recreational events. These exemptions have raised concerns among environmental advocates who fear they may dilute the bill's effectiveness. Additionally, food service businesses may worry about operational disruptions and customer satisfaction related to the changes.

Companion Bills

NJ S3195

Carry Over Prohibits food service business from providing single-use utensils and condiments to customers under certain circumstances and requires DEP to establish education campaign on benefits of reducing single-use utensils and condiments.

NJ A5157

Carry Over Prohibits food service business from providing single-use utensils and condiments to customers under certain circumstances and requires DEP to establish education campaign on benefits of reducing single-use utensils and condiments.

Similar Bills

NJ S671

Prohibits food service business from providing single-use utensils and condiments to customers under certain circumstances and requires DEP to establish education campaign on benefits of reducing single-use utensils and condiments.

MA H908

To "Skip the Stuff" to reduce restaurant waste

NC H423

Skip the Stuff Act

IL HB1600

PLASTIC DISPOSABLE FOODWARE

IL SB1194

PLASTIC DISPOSABLE FOODWARE

CO SB146

Restrict Single-Use Food Serviceware Distribution

IN HB1302

Restriction on single use food service items.

DE HB111

An Act To Amend Title 16 Of The Delaware Code Relating To Reducing The Automatic Provision Of Single-use Eating Utensils, Condiment Packets, And Other Items.