NY S04449

Requires restaurants and third-party food delivery services to provide single-use food service items only when explicitly requested by customers, with default option set to no items provided.

Prohibits provision of single-use plastic food service items, except plastic straws which may be provided upon customer request.

Mandates that single-use food service items provided must not be individually wrapped in plastic.

Establishes civil penalties for violations: $200 for first violation, $300 for second violation within 12 months, and $500 for third and subsequent violations within 12 months, with warnings instead of penalties during first year after effective date.

Requires local health departments to enforce compliance during food establishment inspections and allows restaurants relying on third-party delivery service information about customer requests to use that as a complete defense against penalties.