New bill would give customers ability to opt in or
out of using non-reusable utensils while dining
BY ANGELICA ACEVEDO
A new legislation that would
require food establishments
to give customers the option to
choose whether they want to use
non-reusable eating utensils for
dine-in, takeout or delivery services,
was introduced by Councilman
Jimmy Van Bramer on
Thursday.
The bill is meant to reduce
the use of eating utensils that
are predominantly made of
plastic, which are not reusable
or recyclable. This would apply
to non-reusable plates, bowls,
forks, spoons and napkins; but
would exclude straws and stirrers,
according to a press release.
“We must reckon with the
harmful effects that everyday
plastic utensils have on our environment
and do everything
we can to prevent irreparable
harm to our oceans and our
planet,” Van Bramer said. “The
status quo of including plastic
utensils in all food orders by default
is unnecessary and unsustainable.”
The bill would give customers
the chance to make the final
call, as they would need to affirmatively
opt-in to receive nonreusable
eating utensils with
their food.
But the default option for all
takeout and delivery services
would be to not provide any nonreusable
utensils or condiment
packets, according to the legislation.
When dining in, no food
establishment in the city with
the capacity for dishwashing,
would be allowed to provide
non-reusable eating utensils for
their customers, with the exception
of napkins, as determined
by the Department of Consumer
Affairs.
Additionally, the legislation
states that the Department of
Consumer Affairs would be required
to “conduct outreach and
create educational materials for
businesses and customers” in
order to inform them of the new
City Councilman Jimmy Van Bramer with Speaker Corey Johnson
(l). Courtesy of Van Bramer’s offi ce
requirements to opt-in or opt-out
of non-reusable eating utensils.
The department would also issue
violations if necessary.
Bramer, who represents
Queens’ 26th District, has received
support from Councilman
Rafael Espinal; Surfrider
Foundation’s NYC Chapter
Vice Chair Patrick Diamond;
ReusableNYC coalition Coordinator
Jennie Romer; New York
League of Conservation Voters’
President Julie Tighe; Upstream’s
Director Miriam Gordon;
Beyond Plastics’ Founder
Judith Enck; and Oceana’s New
York Campaign Organizer Brian
Langloss.
Melissa Iachan, senior staff
attorney at New York Lawyers
for the Public Interest, said the
law can help New York City
“adopt more sustainable practices.”
“We at NYLPI work with the
frontline communities who bear
the brunt of the mass amount
of waste our City produces, of
which single use plastics is a
significant component,” Iachan
said. “We applaud Council Member
Van Bramer’s legislation to
curb the use of single use plastic
utensils in our City. This law
will help New Yorkers to change
their bad habits of tossing these
plastics out and adopt more sustainable
practices, reducing pollution
and greenhouse gas emissions
in the process.”
According to a press release,
plastic utensils are usually
“thrown away after one single
use and end up in landfills.” It
is also estimated that 40 billion
plastic utensils are used in the
United States alone each year.
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