The basics:

• NJ restaurants may provide utensils, condiments only upon request beginning Aug. 1.
• Online ordering must default to ‘no utensils or condiments’
• Violators face warnings, then fines up to $250 per day
• NJDEP launches ‘Cut the Cutlery’ campaign to help businesses comply

Starting Aug. 1, New Jersey restaurants are prohibited from providing plastic utensils and condiment packets unless a customer specifically requests them.

Under the bill signed into law last January by outgoing Gov. Phil Murphy, the rule applies to dine-in, take-out, delivery or drive-thru orders at restaurants, cafés, food trucks, vendor stations and cafeterias.

Other key changes include:

• Online ordering systems must default to “no utensils or condiments” and require customers to actively opt in
• Full-service dine-in restaurants with seating for 10 or more customers must provide reusable utensils for sit-down meals
• Self-serve dispensers may still be used if they dispense individual items rather than bundled cutlery packs

Once the law takes effect, it exempts schools for five years and restaurants located in food courts for two years.

Healthcare facilities and correctional facilities are also exempt under some circumstances.

Pre-packaged food items with single-use utensils or condiments attached during manufacturing, as well as single-use sauce cups for dine-in service, do not need to comply with the regulations.

According to the law, violators will be subject to:

• A warning upon the first offense
• A fine of up to $100 per day for the second offense
• A fine of up to $250 per day for the third and each subsequent offense

Most fine revenue will support the Clean Communities Program Fund for litter cleanup and education. Up to 30% of those funds will be retained by municipalities or certified enforcement agencies, the law says.

Getting past plastic

While New Jersey prohibits single-use plastic bags and most paper bags, there was no policy for disposable cutlery, condiments, or other food and beverage accessories.

At the state level, plastic utensil bans have stalled largely because of pushback from the restaurant industry, concerns about costs for small businesses and enforcement complexity. As a result, some municipalities, such as Hoboken, Red Bank, Garwood and Eatontown, have put measures in place prohibiting food providers from offering single-use utensils. New York City, California and Washington state have similar bans.

New Jersey State Sens. Bob Smith, D-17th District, and Raj Mukherji, D-32nd District, introduced the “Skip the Stuff” measure with a goal to minimize litter, conserve resources and reduce the number of items in the waste stream.

State Assembly members Alixon Collazos-Gill, D-27th District; Margie Donlo, D-11th District; and Shama Haider, D-37th District, backed companion legislation.

The Senate approved the measure in a narrow 21-15 vote. It passed the Assembly 43-24.

Smith said he believes the bill will “make significant strides to decrease the amount of litter that ends up in our communities.”

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

NJRHA insights

Following the law’s passage, New Jersey Restaurant Hospitality Association Vice President of Public Affairs Amanda Stone said the group was pleased that the final version of the law included several changes it pushed for, including allowing restaurants to offer utensils and condiments in self-service areas and clarifying that items such as soufflé cups and other single-use supplies can still be provided when customers request them.

“Throughout the process, we remained focused on ensuring the legislation advances its intended goals while avoiding undue burdens on restaurants, particularly small and independently-owned businesses operating in fast-paced environments.

“We also supported an implementation approach that prioritizes education and compliance assistance over punitive enforcement, helping both businesses and consumers understand and adapt to the new requirements,” she said.

The law also requires the New Jersey Department of Environmental Protection to create a 180-day educational campaign about the benefits of reducing the amount of single-use utensils and condiments offered.

Ahead of the Aug. 1 rollout, NJDEP launched “Cut the Cutlery” to help businesses and consumers understand the requirements, as well as the environmental and financial benefits.

The online toolkit includes resources to help food establishments during the transition, such as training scripts, downloadable flyers and social media posts.