The Senate Budget and Appropriations Committee on Monday advanced legislation that would restrict when New Jersey restaurants may provide single-use utensils and condiments, part of a broader effort to reduce plastic waste statewide.
The bill, S-3195, sponsored by Senators Bob Smith and Raj Mukherji, would prohibit full-service restaurants with seating for at least 10 customers from automatically giving out disposable utensils or condiment packets for on-site dining. Instead, these restaurants would be required to offer reusable, washable utensils to customers eating in the establishment.
For take-out and online orders, the bill would permit restaurants to include single-use utensils or condiments only upon request, and would require that the default selection for such orders be “no utensils or condiments.”
Other food service businesses — those without full on-site dining service — would still be allowed to provide disposables but only when a customer specifically requests them. Requests could be made in person, over the phone, online, or through utensil dispensers and self-serve condiment stations. Schools, licensed healthcare facilities, and correctional facilities would be exempt from the bill’s requirements.
Senator Smith said the measure is aimed at reducing plastic waste in New Jersey’s landfills and waterways.
“Millions of tons of plastics are disposed of every year in this country—most of which ends up in a landfill at best, and into urban areas or the ocean at worst,” Smith said. “This bill would decrease the amount of litter that ends up in our communities, as well as help to fund a program to clean up the trash that has already made its way into the local environment.”
The legislation establishes a tiered penalty structure for violations. A first offense would result in a warning, followed by a $1,000 civil penalty for a second offense and $2,500 for a third or subsequent violation.
Revenue collected from penalties would be directed to the Clean Communities Program Fund, which supports litter removal, public education, and enforcement initiatives at both the state and local levels. Penalties may be collected by the Department of Environmental Protection, municipalities, or certified county environmental health entities, with municipalities and such entities permitted to retain 30% of the fines they collect.
The bill now moves to the full Senate for further consideration.