Bill Text: NY S02079 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires food service establishments to permit the use of reusable beverage and food containers provided by customers when requesting a beverage refill or requesting leftovers from a partially consumed meal to be packaged and post signs to inform customers that they are permitted to do so.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-06-06 - referred to health [S02079 Detail]

Download: New_York-2023-S02079-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2079

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced by Sens. KAVANAGH, KRUEGER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health

        AN  ACT  to  amend  the public health law, in relation to requiring food
          service establishments to permit the use of reusable beverage and food
          containers provided by customers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "right to refill act".
     3    § 2. The public health law is amended by adding a new  section  1352-f
     4  to read as follows:
     5    § 1352-f. Reusable beverage and food containers provided by customers.
     6  1.  Definitions. For purposes of this section, the following terms shall
     7  have the following meanings:
     8    a. "Food service establishment" shall mean a public place  engaged  in
     9  the  preparation  and service on the premises of food and to the general
    10  public.
    11    b. "Reusable beverage container" shall mean  a  bottle,  mug,  cup  or
    12  other  container that is designed and manufactured to hold beverages and
    13  is capable of multiple reuse.
    14    c. "Single-use" shall mean a product that is designed and intended  to
    15  be used only once for drinking or eating, and is generally recognized by
    16  the public as an item that is to be discarded after one use.
    17    d.  "Disposable  food  service  container"  shall mean all containers,
    18  bowls, plates, trays, cartons, cups,  lids  and  other  items  that  are
    19  designed  or  generally  recognized  by the public as being designed for
    20  single-use to hold, contain,  or  transport  foods,  including  but  not
    21  limited  to,  containers  for  leftovers  from  partially consumed meals
    22  prepared by food  service  establishments.  The  term  "disposable  food
    23  service container" shall not include items composed entirely of aluminum
    24  or polystyrene foam coolers and ice chests that are intended for reuse.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03674-01-3
        S. 2079                             2

     1    e. "Reusable food container" shall mean all containers, bowls, plates,
     2  trays,  cartons,  cups, lids and other items that are designed and manu-
     3  factured to hold food and are capable of multiple reuse.
     4    2.  Requirements.  a. Any food service establishment in the state that
     5  serves beverages to customers in single-use containers shall not  refuse
     6  the  request  of  a  customer  who  has ordered a beverage to serve such
     7  beverage in a reusable beverage container provided by  the  customer  in
     8  substitution  for  the single-use container provided by the food service
     9  establishment, provided that:
    10    (i) Such reusable beverage container is capable of and appropriate for
    11  serving such beverage, as determined based  on  the  size,  cleanliness,
    12  material,  and  any  other  relevant  factors,  of the reusable beverage
    13  container; and
    14    (ii) Such beverage shall  be  dispensed  in  a  manner  that  prevents
    15  contact  with,  or  contamination  of,  the food-contact surfaces of the
    16  beverage dispensing equipment.
    17    b. Any food service establishment in the state  that  serves  food  to
    18  customers  in  disposable  food  service containers shall not refuse the
    19  request of a customer who has leftovers from partially consumed meals to
    20  package such leftovers in a reusable  food  container  provided  by  the
    21  customer  in  substitution  for  the  disposable  food service container
    22  provided by the food service establishment, provided that:
    23    (i) Such reusable food container is capable  of  and  appropriate  for
    24  packaging  such leftovers, as determined based on the size, cleanliness,
    25  material, and any other relevant factors, of the reusable food  contain-
    26  er; and
    27    (ii)  Such  leftovers  shall  be  packaged  in  a manner that prevents
    28  contact with, or contamination of, the food-contact surfaces of the food
    29  serving equipment.
    30    3. Notification. a. Every food service establishment in the state that
    31  serves beverages to customers in single-use containers  shall  conspicu-
    32  ously  post  signage  informing  customers  that  they  are permitted to
    33  request the service of beverages in their own reusable beverage contain-
    34  ers.
    35    b. Every food service establishment in the state that serves  food  to
    36  customers in disposable food service containers shall conspicuously post
    37  signage informing customers that they are permitted to request the pack-
    38  aging  of  leftovers from partially consumed meals in their own reusable
    39  food containers.
    40    § 3. This act shall take effect one year after it shall have become  a
    41  law.