New Jersey restaurants will need to change how they handle plastic utensils, condiment packets and other disposable accessories beginning August 1st, when a new statewide request-only law takes effect.
Under the measure signed into law in January by former Gov. Phil Murphy, restaurants and other covered foodservice businesses will generally be prohibited from automatically providing single-use utensils or condiment packets. Customers will still be able to receive those items, but they must specifically request them.
The law applies to restaurants, cafés, food trucks, vendor stations and cafeterias, covering dine-in, takeout, delivery and drive-thru orders. It represents the latest step in New Jersey’s effort to reduce plastic waste following the state’s restrictions on single-use plastic bags and most paper carryout bags.
For restaurant operators, one of the most significant requirements involves online ordering. Restaurant websites, mobile applications and third-party ordering platforms must default to “no utensils or condiments.” Customers must actively select the items they want rather than having them automatically included with every order.
New Jersey State Sens. Bob Smith, D-17th District, and Raj Mukherji, D-32nd District, introduced the legislation, commonly referred to as the “Skip the Stuff” measure, as a way to reduce litter and prevent unnecessary disposable products from entering the waste stream. “The legislation makes significant strides to decrease the amount of litter that ends up in our communities.”
The measure does not establish an outright ban on disposable utensils or condiment packets. Instead, it is intended to reduce the number of items that restaurants distribute without knowing whether customers need them. Mukherji added, “This bill does not prohibit single-use plastic utensils at your favorite fast-food drive-thru.” The legislation passed the New Jersey Senate by a 21-15 vote and the Assembly by a 43-24 vote. Assembly members Alixon Collazos-Gill, Margie Donlon and Shama Haider sponsored the companion legislation in that chamber.
Beginning this month, employees working at counters, drive-thru windows and takeout stations will need to provide disposable utensils and condiment packets only after a customer asks for them. Telephone and digital orders must also provide customers with a way to make that request. “This merely reduces the harm from plastic waste by curbing the excessive provision of single-use plastics and condiments when the customer has not requested any, ” Mukherji continued.
The law also establishes new requirements for full-service restaurants. Restaurants with seating for 10 or more customers must provide reusable utensils for meals consumed on the premises. Those utensils must be capable of being washed, sanitized and used again.
Some self-service options will remain available. Restaurants may continue to offer individual condiment packets at self-service stations, provided the packets are not grouped in bundled packages. Certain utensil dispensers may also be used when they distribute individual items rather than allowing customers to take bundled cutlery packs. “Millions of tons of plastic products are discarded across the country each year, making reductions at the point of distribution an important part of broader waste-prevention efforts,” Smith added.
The final version of the law included several changes sought by the New Jersey Restaurant and Hospitality Association, which worked to ensure that the requirements could be incorporated into fast-paced restaurant operations without creating unnecessary service disruptions. Amanda Stone, who was serving as temporary president of the New Jersey Restaurant and Hospitality Association as of June 2024, noted, “Throughout the process, we remained focused on ensuring the legislation advances its intended goals while avoiding undue burdens on restaurants.”
Stone also serves as the association’s director of government affairs and has worked with state officials on legislation affecting restaurants, hospitality businesses and their employees. The association supported provisions allowing restaurants to maintain appropriate self-service areas. It also sought clarification that items such as single-use sauce cups, soufflé cups and similar supplies could continue to be used under permitted circumstances. Stone detailed the association’s concern for “small and independently owned businesses operating in fast-paced environments.”
Several exemptions and delayed implementation periods are included in the law. Schools will be exempt for five years, while restaurants operating in food courts will receive a two-year exemption. Certain healthcare and correctional facilities will also be exempt under specified circumstances. Prepackaged food products that have utensils or condiments attached as part of the manufacturing process will not be subject to the same requirements. Single-use sauce cups provided for dine-in service will also remain permitted.
Enforcement will begin with a warning for a first offense. A second offense may result in a fine of up to $100 per day. A third offense and each subsequent violation may carry a fine of up to $250 per day. Each day that a violation continues may be treated as a separate offense. Most of the money collected through fines will support the state’s Clean Communities Program Fund, which finances litter removal, public education and related community programs. Municipalities and certified enforcement agencies may retain up to 30% of the fines they collect.
Ahead of the rollout, the New Jersey Department of Environmental Protection launched its “Cut the Cutlery” campaign to educate restaurant operators, employees and consumers about the new requirements. The campaign included an online toolkit with employee training scripts, printable restaurant flyers, social media posts and other materials businesses can use to explain the change to customers. “We support an approach that prioritizes education and compliance assistance over punitive enforcement,” Stone added.
For New Jersey operators, it has meant a reset of ordering procedure. This has included signage, employee scripts and the reorganization of takeout packing stations so utensils and condiments are not added automatically. Restaurants using third-party delivery services will also need to confirm that those platforms provide a clear opt-in selection. Even when an order is placed through an outside provider, the restaurant needs to ensure that the customer’s selections are followed during packing and fulfillment.
For restaurants already operating in municipalities such as Hoboken, Red Bank, Garwood and Eatontown, request-only rules may be familiar. Those communities previously adopted local measures restricting the automatic distribution of single-use utensils. New York City, California and Washington state have implemented similar policies as governments look for ways to reduce plastic waste without completely eliminating access to utensils and condiments.
The transition could also produce cost savings for restaurants that purchase large quantities of plastic forks, knives, spoons, napkins and condiment packets. However, successful implementation will depend on staff training, accurate digital ordering systems and consistent communication with customers.
Stone concluded that the goal should be “helping both businesses”.