NY S03911

Prohibits food service establishments from automatically providing utensils, condiments, napkins, or extra eating containers with take-out, drive-thru, or delivery orders unless the customer expressly requests them

Applies to restaurants, fast food establishments, cafes, coffee shops, grocery stores, food trucks, and other food service locations regardless of how orders are placed (in person, phone, online)

Exempts self-service stations where customers can take their own utensils, napkins, and condiments

First violation results in a warning; subsequent violations in the same calendar year carry civil penalties up to $100 per transaction

Does not apply to cities with populations over one million (New York City) that already have similar local laws in effect

Collected penalties will be deposited into the Environmental Protection Fund, with enforcement by the Department of Environmental Conservation, Department of Agriculture and Markets, and Attorney General