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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