NC H679

Food establishments must obtain consumer requests before providing single-use foodware items (utensils, napkins, condiments, straws, cup lids, etc.) for on-premises dining, takeout, and delivery orders

Food establishments cannot bundle or package single-use items in ways that force consumers to take unwanted types, and third-party delivery platforms must provide an option for consumers to request these items

Exceptions allow food establishments to include cup lids, spill plugs, and trays for safe delivery, and permit refillable single-item dispensers for standard condiments

Department of Environmental Quality enforces compliance with a 60-day remedial period after written notice of violations, with administrative penalties not to exceed $100 per day for violations and a dedicated online reporting portal for the public

Act becomes effective October 1, 2023, and does not preempt local governments from adopting stricter single-use foodware ordinances