New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S671

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

Caption

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.

Impact

The bill's provisions are set to come into effect seven months following its enactment. This regulation may lead to a considerable reduction in unnecessary single-use plastics, which is a growing concern for environmental advocates. To assist in the transition, the Department of Environmental Protection (DEP) will be responsible for creating a 180-day educational campaign aimed at informing citizens about the benefits of reducing single-use items. This initiative is expected to raise awareness about environmental responsibilities and encourage responsible consumption habits among the public.

Summary

Senate Bill S671 proposes significant changes in how food service businesses in New Jersey provide single-use utensils and condiments to their customers. If enacted, full-service restaurants with an on-site seating capacity for 10 or more customers would be prohibited from providing single-use utensils or condiments to those consuming food on-site. Casual dining establishments would only be allowed to provide such items upon explicit request from customers. Furthermore, any online ordering applications must default to 'no utensils or condiments' unless customers specifically request them. This regulation aims to minimize waste and encourage sustainable practices in the food service industry.

Contention

However, there are notable points of contention linked to this bill. Critics have expressed concerns that the new requirements could disproportionately affect small food service providers who may find the implementation of these changes to be burdensome. Additionally, barring local municipalities from enacting their own regulations related to single-use utensils and condiments may be seen as stripping local control. The legislation includes exemption provisions, such as for approved pre-packaged food items and specific establishments like schools and correctional facilities, which some stakeholders feel may not be comprehensive enough to address all potential scenarios.

Enforcement

Food service businesses that do not comply with the new regulations will face a tiered penalty system. A warning will be issued for the first violation, followed by $1,000 fines for second offenses and $2,500 for subsequent violations. Revenue generated from these penalties will be allocated to the Clean Communities Program Fund, emphasizing the bill’s dual aim of improving environmental practices while funding community cleanup initiatives.

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 A3746

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.

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.