Ahead of the year-end peak season, consumers who order food or buy groceries in the New York, New Jersey and Connecticut (Tri-State) area are noticing meaningful changes in how items are packed in stores. When they receive delivery or to-go food from restaurants, plastic spoons or forks, napkins and sauce packets automatically
Ahead of the year-end peak season, consumers who order food or buy groceries in the New York, New Jersey and Connecticut (Tri-State) area are noticing meaningful changes in how items are packed in stores. Typical examples are delivery or to-go orders that no longer automatically include plastic spoons or forks, napkins or sauce packets, and Styrofoam containers that have disappeared.
This is not simply poor service or stinginess on the part of the store. Starting in November, local governments across the Tri-State area have stepped up on-site enforcement of single-use item reduction and recycling rules, and business owners have tightened their practices to avoid legal violations. Here is a summary of the items banned in each state that ordinary consumers should know about in daily life, the changing packaging culture and the struggles of business owners on the front lines of enforcement.
Banned and Restricted Items by State: What Is Prohibited and How
Under state and city environmental laws, the legal bans and restrictions consumers encounter in stores and on delivery apps are as follows.
New York State and New York City (NY/NYC)
Ban on automatically providing utensils and sauces ("Skip the Stuff" law): Restaurants, cafés and delivery apps (Uber Eats, DoorDash and others) are legally prohibited from providing single-use plastic utensils, forks, napkins, condiment packets (ketchup, hot sauce, soy sauce and others), straws and beverage-lid splash sticks by default unless the consumer has clearly made a "direct request in advance."
Total ban on Styrofoam (EPS) and single-use plastic bags: The use and distribution of to-go containers, cups and plates made of expanded polystyrene foam (EPS) are completely illegal. Stores are also prohibited from providing single-use plastic shopping bags to customers, whether free or for a fee, so consumers must bring reusable shopping bags.
Restrictions on packaging containing PFAS: Single-use paper packaging treated with PFAS, a harmful chemical used to repel grease, is also subject to legal enforcement.
New Jersey (NJ)
Statewide ban on automatically providing single-use utensils: Restaurants and delivery platforms across New Jersey may not include single-use items in the bag, even for regular customers, unless the consumer has specified in advance that they want utensils or condiment packets.
Strict plastic bag and Styrofoam rules: New Jersey enforces some of the strictest bans on single-use plastic bags and Styrofoam containers in the country, and many stores even restrict paper bags, so bringing your own shopping bag is essential.
Connecticut (CT)
Single-use plastic bag fee and ban: Ordinances banning and regulating single-use plastic shopping bags are in effect, and guidelines restricting single-use plastic straws and utensils are expanding in each municipality.
Business Owners on the Front Lines of Enforcement: Struggles and Realities
The legal fines and administrative penalties under these environmental rules fall on the "business owners (store operators)," not on consumers.
A first violation draws a warning, and second and third violations bring fines from city and state governments ranging from $50 to as much as $1,000 per violation. With enforcement teams stepping up surprise on-site inspections ahead of the year-end holidays, owners of Korean American restaurants and distribution businesses face a heavy administrative burden.
The biggest difficulty owners face on the ground is "friction with consumers." Consumers unfamiliar with the law frequently complain to the store or leave negative reviews because utensils or sauces were missing from their delivery. Even when owners want to give customers more, automatically including items is itself grounds for a violation, so they are in the difficult position of being unable to add items without a clear request from the customer.
What Consumers Can Do in Daily Life
To help build a sustainable environment and support local small businesses, here is what ordinary consumers should keep in mind when ordering food or shopping for groceries.
Check the box when ordering on delivery apps: When using delivery apps such as Uber Eats, DoorDash and Seamless, if you need single-use utensils or sauces, you must select the "Request Cutlery" option yourself before checking out.
Ask verbally for takeout in person: When picking up takeout at a store, you must clearly ask the counter staff for the number of utensils, napkins and sauces you need in order to receive them.
Always carry a shopping bag: Because stores in New York and New Jersey are prohibited from providing single-use plastic bags, you should get into the habit of carrying your own shopping bag.