NY S08264

Restaurants must only provide single-use plastic cutlery to customers upon explicit request, with no questioning of the reason for the request.

Restaurants may offer non-plastic alternatives including metal, bamboo, wood, sugar cane, or compostable cutlery as substitutes.

Single-use plastic cutlery provided by restaurants cannot be individually wrapped in plastic.

Restaurants providing compostable cutlery must have access to curbside food waste collection for composting.

Local health departments enforce compliance during food inspections with civil penalties of $200 for the first violation, $300 for the second violation within 12 months, and $500 for the third and subsequent violations within 12 months; warnings only issued during the first year after the law takes effect.