NY S04059

Requires restaurants and third-party food delivery services to provide single-use items (utensils, napkins, condiment packs, straws, plates, cups, etc.) only when customers explicitly request them, with default settings on all ordering platforms set to no items requested

Prohibits restaurants and delivery services from providing single-use plastic food service items, except for plastic straws which may still be provided upon request

Bans single-use food service items from being individually wrapped in plastic

Establishes civil penalties of $200 for first violation, $300 for second violation, and $500 for third and subsequent violations within a 12-month period, enforced by local health departments during routine inspections

Provides a one-year grace period after the effective date during which only warnings will be issued, and allows restaurants to use third-party delivery service communications as a defense against penalties