Westchester's 'Upon Request' Plastic Utensil Law To Go Into Effect

WHITE PLAINS, NY — A new law is set to go into effect that aims to reduce the consumption of single-use plastics at food service establishments by only providing utensils when specifically requested by customers.

At a news conference Friday, Westchester County officials outlined key portions of the new law that was passed in March by the county Board of Legislators and signed by County Executive George Latimer.

“Westchester County is once again taking steps to lessen the waste we put back into the waste stream,” Latimer said. “From large-scale measures to simple changes in our daily behavior, every little bit counts toward our goal of leaving a cleaner planet for future generations.”

The “Upon Request” single-use foodware law goes into effect Sept. 2.

The key tenets of the law include:

• Effective Sept. 2, no food service establishment within Westchester County may provide single-use foodware or condiment packets to dine-in or take-away customers unless expressly requested. This pertains to items such as forks, knives, spoons, chopsticks, cup sleeves, beverage lids and condiment packets.
• Upon customer request, single-use foodware items or condiment packets must be provided individually, rather than in packages containing multiple items. This initiative is aimed at curbing unnecessary plastic waste and promoting a more sustainable approach to dining.
• The law applies across various ordering methods, including in-person, online and through food delivery apps. Customers are encouraged to ask for single-use items only when needed, fostering responsible consumption.
• Single-use plastic beverage stirrers and "splash sticks" will no longer be permitted within food service establishments. Retail stores may still offer these items for sale to their customers.
• The legislation upholds existing protocols for utensil storage within food service establishments, maintaining standards of cleanliness and sanitation. Utensils available in self-service containers for consumers must be individually wrapped or placed face-down, with single-item dispensers recommended.
• All Department of Health requirements for health and safety remain in full effect, ensuring that the well-being of patrons is not compromised.
• Department of Environmental Facilities and Department of Health Inspectors will collaboratively work to ensure the proper implementation and adherence to the new regulations, promoting a seamless transition for both establishments and customers.
• Food service establishments are required to prominently display a clearly legible sign informing customers that plastic utensils, condiments and straws are available only upon request. This sign, provided by the county, will serve to increase awareness and encourage responsible plastic use.

Lou Vetrone, deputy commissioner for the Department of Environmental Facilities, said the county took decisive action to significantly reduce the amount of single-use plastic items that get thrown away.

“Billions of single-use plastic items end up in our waste stream every year,” he said. “Due to the small size and narrow shape of these materials, they are not easily recyclable.”