Whether you’re picking up lunch for the office or scrolling through delivery food apps for a handoff to your cubicle or couch, it won’t be long before you notice a few things missing.
Pork fried rice for the whole office! Dig in … with your hands. Fries, no ketchup? That’s practically (but not actually) a felony in the Garden State. But beware what is: One-use items made of plastic: forks, spoons, knives, and any condiment packets you step on while heading into the bathroom that make a total mess.
New Jersey Senate Bill 3195 (S3195), enacted in January 2026 by Gov. Mikie Sherrill, aims to reduce unnecessary plastic waste across the state by restricting food service businesses from automatically distributing single-use plastic utensils and condiments. These items will now only be provided when specifically requested by the customer.
Skip the Stuff
NJ’s “Skip the Stuff” bill became law under former Gov. Phil Murphy and takes effect on Aug. 1, with a 6-month grace period before fines are imposed. Under the law, customers would have to ask for extras such as plastic forks, knives, and spoons, as well as condiment packages like ketchup, mayonnaise, and mustard.
The spirit of the law is to reduce plastic waste, cut down on litter, and save restaurants money by preventing food businesses from automatically providing single-use plastic utensils, napkins, and condiments.
Law Phase-In
The law takes effect in two phases:
- Aug. 1, 2026: All single-use utensils, condiments, and napkins must be “opt-in” rather than automatically included.
- Aug. 1, 2027: Packaged bundles containing multiple types of single-use utensils or condiments are entirely prohibited.
Core Rules for Restaurants & Takeout
- Opt-In Only: Plastic forks, knives, spoons, or condiment packets will not automatically be included in takeout bags. Customers must ask.
- Online Orders: The default is “no utensils or condiments,” and “Customers must actively click” if they need them.
- Dine-In Reusables: Sit-down restaurants with a seating capacity of 10 or more must provide washable, reusable utensils for on-site diners.
- Exemptions: School cafeterias, healthcare facilities, and correctional institutions are exempt from these rules.
Failure to Comply
During a 12-month period, the first violation for noncompliance is a warning. A second violation is a $100 fine, and for a third and subsequent violations, a $250 fine. Funds collected through penalties will be deposited into the Clean Communities Program Fund, with municipalities or certified enforcement agencies permitted to retain up to 30% of collected penalty revenues.
Help is Available
The New Jersey Department of Environmental Protection (DEP) recently announced the launch of its “Cut the Cutlery” campaign, aimed at helping businesses and consumers understand the new requirements and the environmental and financial benefits of reducing unnecessary single-use waste. “Cut the Cutlery” will also provide information and resources for food establishments during the transition, including training scripts, downloadable flyers, social media posts and more
Read the full legislation or review compliance guidelines.