Aiming to reduce plastic waste across the Garden State, customers picking up restaurant food or having it delivered will soon have to specifically request single-use cutlery, napkins, and condiment packets. Chopsticks and beverage sleeves are also explicitly included as single-use items that cannot be automatically provided.
The bill, signed into law by Gov. Phil Murphy before he left office in January, prohibits food service businesses in the state from providing customers with single-use utensils or condiments, except upon request.
Skip The Stuff Law
New Jersey became the first state in the U.S. to pass a comprehensive statewide “Skip the Stuff” law. S3195/A5157 kicks in across New Jersey starting Saturday, Aug. 1, and affects dine-in, takeout, delivery, drive-thru, food trucks, cafeterias, catering, and third-party delivery apps.
“Any food service business that elects to supply customers with single-use utensils or condiments, upon customer request, as authorized by the bill, would be required to provide each customer with only those types and amounts of single-use utensils and condiments that have been expressly requested by the customer,” according to the bill, which amends P.L.2020, c.117 (C.13:1E-99.126 et al.), the law that prohibits the distribution of plastic bags and polystyrene food serviceware.
Food service businesses are also banned from providing customers with bundled utensil or condiment packages that “contain more than one type of single-use plastic utensil or condiment,” per the law.
The legislation was co-sponsored by state Sen. Bob Smith (D-Piscataway); State Sen. Raj Mukherji (D-Jersey City); Rep. Alixon Coliazos-Gill (D-Montclair); and Rep. Verlina Reynolds-Jackson (D-Trenton).
Key Details of the New Legislation
Starting Aug. 1, N.J. establishments with seating for more than 10 guests will be required to offer reusable tableware for in-house dining. Other details:
- Restaurants and third-party delivery apps (e.g., DoorDash, Uber Eats) may not bundle single-use cutlery or condiments by default.
- Single-use items must be requested specifically by the customer, and only for the requested tool and the required quantity.
- The law covers takeout, delivery, and drive-thru orders and extends to food trucks, catering, cafes, and other food service establishments that are not exempt.
- Schools, health care facilities, and some correctional facilities are exempt from the law’s requirements
Escalating Penalties
Violators of the law will get hit with escalating penalties:
●First offense: warning
●Second offense: $100 fine
●Third and subsequent offenses: $250 fine
Third-party ordering apps (like DoorDash) must be set to “no utensils or condiments” by default. Take-out customers using online ordering at a full-service restaurant may request single-use utensils.
Spirit of the Law
The law is intended to reduce single-use plastic waste and minimize environmental impact, while also reducing business overhead. The legislation establishes a 180-day education campaign to teach people about the financial and environmental benefits of reducing single-use waste.
The legislation amends a law passed on May 4, 2022, that prohibits New Jersey retail and grocery stores and food service businesses from providing or selling single-use plastic carryout bags and polystyrene foam food service products. The state also implemented a minimum recycled-content law for packaging, requiring rigid plastic containers to contain at least 10% postconsumer recycled content.
By 2036, rigid plastic containers will need to reach 50% recycled content, while plastic beverage containers will hit the same target by 2045.
New Jersey on Point
New Jersey has the most comprehensive statewide legislation, but California was out of the gate first, banning plastic bags by referendum in 2016 and setting a precedent for other states to follow.
Eight states — California, Connecticut, Delaware, Hawaii, Maine, New York, Oregon, and Vermont—have banned single-use plastic bags. By the start of 2026, 12 states implemented similar bans on plastic bags and/or single-use utensils:
●California
●Colorado
●Connecticut
●Delaware
●Hawaii
●Maine
●New Jersey
●New York
●Oregon
●Rhode Island
●Vermont
●Washington
NJ Law Expands Across Years
There is currently no nationwide ban on plastic bags, single-use utensils, or tableware. In New Jersey, beginning Aug. 1, 2027, bundled packages that contain more than one type of single-use utensil or condiment are prohibited, according to the NJDEP.
Food service businesses are still permitted to use single-use portion cups when serving sauces, dressings, or similar condiment items. Pre-packaged food items are considered exempt if they contain single-use utensils or condiments attached during manufacturing, the NJDEP said.
All K-12 schools, licensed health care facilities, and county or State correctional facilities are exempt from the requirements of this law. Food service businesses located in food courts are exempt until Aug. 1, 2028.
Violation Monies Earmarked
Any money collected from penalties will be deposited into the “Clean Communities Program Fund” to finance litter pickup, removal, education, and enforcement programs at the State and local levels. A municipality or entity certified to enforce the law would be permitted to retain 30% of any penalty it collects.
The law also requires the Department of Environmental Protection to develop a 180-day education campaign about the financial and environmental benefits of reducing single-use utensils and condiments and to encourage responsible use by reminding individuals not to take more items than needed from a self-serve condiment station or utensil dispenser.
For more information, visit DEP’s Get Past Plastic website at https://dep.nj.gov/get-past-plastic/.
