New Jersey is taking another step toward a more sustainable future. Starting Aug. 1, the state’s new “Skip the Stuff” bill (S3195) will go into effect, changing how restaurants provide disposable utensils and condiments.
The statewide law applies to restaurants, cafés, coffee shops, diners, food trucks, drive-thrus and other food service businesses. Supporters say the measure is intended to reduce plastic waste, lower cleanup costs and help restaurants avoid purchasing disposable items that often go unused.
Under the law, food service businesses may only provide single-use utensils and condiment packets when customers specifically request them, regardless of whether an order is placed in person, over the phone, online or through a delivery app.
Online ordering systems also must default to “no utensils or condiments,” allowing customers to opt in if they need them.
The law also affects dine-in service. Full-service restaurants with seating for 10 or more customers must provide reusable, washable utensils for patrons eating on-site rather than disposable cutlery.
Customers can still receive disposable forks, knives, spoons, chopsticks, napkins and condiment packets by asking for them. Businesses are not required to provide these items, but if they choose to do so, they may only distribute the types and quantities specifically requested by the customer.
Beginning Aug. 1, 2027, restaurants will no longer be permitted to offer bundled utensil or condiment packs containing multiple disposable items. However, self-service stations that dispense individual utensils or condiment packets will still be allowed in certain settings.
But the law includes several exemptions. K-12 schools, health care facilities and county or state correctional facilities are exempt, while food court vendors have until Aug. 1, 2028 to comply. Prepackaged food products that include utensils or condiments during manufacturing, along with single-use sauce cups served with specialty menu items, are also exempt.
According to the New Jersey Department of Environmental Protection (NJDEP), the new requirements expand the state’s efforts to curb single-use plastics.
In 2022, New Jersey prohibited stores and food service businesses from distributing single-use plastic carryout bags and polystyrene foam food containers, while plastic straws have been available only upon request since late 2021.
Environmental advocates say the law targets a growing source of waste created by takeout and food delivery. According to Clean Water Action, Americans throw away an estimated 40 billion plastic utensils each year, many of which are never used.
Because plastic does not biodegrade, it breaks into increasingly smaller pieces known as microplastics that can persist in the environment.
The National Caucus of Environmental Legislators said New Jersey’s legislation is among the country’s most comprehensive “Skip the Stuff” policies. The organization said disposable utensils are difficult to recycle because of their size and noted that the law aims to reduce litter while lowering purchasing and waste disposal costs for restaurants.
A fiscal analysis by the New Jersey Office of Legislative Services found the law could result in long-term savings for restaurants and government-operated food service facilities by reducing purchases of disposable products. However, some businesses may incur short-term costs as they adjust their operations.
The analysis also found that state and local governments will face additional enforcement responsibilities, while fines collected from violations will support litter cleanup and environmental education through the Clean Communities Program Fund.
Businesses that fail to comply will receive a warning for a first violation, followed by a $100 fine for a second offense and $250 for third and subsequent violations within a 12-month period.
Locally, the Hamilton SustainabiliTEAM, which is Hamilton Township’s Green Team, has been preparing businesses and customers in the area through tabling at events, like Mays Landing’s Hometown Celebration, where the group handed out bamboo utensils and information. The next event the group will attend is National Night Out on Tuesday, Aug. 4.
During the month of July, the Green Team plans to visit restaurants to distribute informational materials and answer questions about the new requirements.
