NY State Senate Bill 2019-S6813

Senate Bill S6813

2019-2020 Legislative Session

Relates to requiring food service establishments to permit the use of reusable beverage and food containers provided by customers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 18, 2020	advanced to third reading
Mar 11, 2020	2nd report cal.
Mar 10, 2020	1st report cal.606
Jan 08, 2020	referred to health
Oct 28, 2019	referred to rules

Votes

- Mar 10, 2020 - Health Committee Vote
  S6813
  
  9
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 10, 2020
      
      aye (9)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (4)
      
      Gallivan
      
      Little
      
      Ortt
      
      Ritchie
      
      aye wr (1)
      
      Kaminsky
      
      excused (1)
      
      Jacobs

co-Sponsors

2019-S6813 (ACTIVE) - Details

See Assembly Version of this Bill:: A8722
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4880, A3052
2023-2024: S2079, A4673

2019-S6813 (ACTIVE) - Summary

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.

2019-S6813 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6813

SPONSOR: METZGER
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation permits customers to bring their own reusable container
to food establishments.

 
SUMMARY OF PROVISIONS:

Section 1 - Titles this legislation the "Right to Refill Act".

Section 2 - Amends the public health law to create a new section 1352-f.
This section requires that any food establishment that serves beverages
or food in a single-use container is prohibited from refusing a reusable
beverage or food container supplied by the customer provided that the
container is suitable based on size, cleanliness, and material and the

beverage must be dispensed in a manner that prevents contact with or the
contamination of beverage dispensing equipment.

Establishments will be required to post a sign notifying customers of
their "right to refill".

Section 3 - Effective Date - 1 year.

 
EXISTING LAW:

Currently, there is no prohibition against consumers providing their own
reusable containers.

 
JUSTIFICATION:

The proliferation of single-use plastics poses a serious problem for New
York's environment. Plastic can be found everywhere and it's time to
reduce the amount of single-use plastics entering the environment. One
area to consider is single-use plastics used by food establishments.
While the NYS Department of Health has determined that there is no
prohibition on food service restaurants utilizing customer's reusable
bottles for sanitary reasons, many New Yorkers are unclear on what their
rights are when it comes to using reusable containers overall.

This legislation sets standards that will clarify that consumer have an
unambiguous right to fill reusable containers instead of opting for
single use containers.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law

2019-S6813 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6813
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 28, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "right to refill act".
   §  2.  The public health law is amended by adding a new section 1352-f
 to read as follows:
   § 1352-F. REUSABLE BEVERAGE AND FOOD CONTAINERS PROVIDED BY CUSTOMERS.
 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A.  "FOOD  SERVICE ESTABLISHMENT" SHALL MEAN A PUBLIC PLACE ENGAGED IN
 THE PREPARATION AND SERVICE ON THE PREMISES OF FOOD AND TO  THE  GENERAL
 PUBLIC.
   B.  "REUSABLE  BEVERAGE  CONTAINER"  SHALL  MEAN A BOTTLE, MUG, CUP OR
 OTHER CONTAINER THAT IS DESIGNED AND MANUFACTURED TO HOLD BEVERAGES  AND
 IS CAPABLE OF MULTIPLE REUSE.
   C.  "SINGLE-USE" SHALL MEAN A PRODUCT THAT IS DESIGNED AND INTENDED TO
 BE USED ONLY ONCE FOR DRINKING OR EATING, AND IS GENERALLY RECOGNIZED BY
 THE PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
   D. "DISPOSABLE FOOD SERVICE  CONTAINER"  SHALL  MEAN  ALL  CONTAINERS,
 BOWLS,  PLATES,  TRAYS,  CARTONS,  CUPS,  LIDS  AND OTHER ITEMS THAT ARE
 DESIGNED OR GENERALLY RECOGNIZED BY THE PUBLIC  AS  BEING  DESIGNED  FOR
 SINGLE-USE  TO  HOLD,  CONTAIN,  OR  TRANSPORT  FOODS, INCLUDING BUT NOT
 LIMITED TO, CONTAINERS  FOR  LEFTOVERS  FROM  PARTIALLY  CONSUMED  MEALS
 PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS.  THE  TERM "DISPOSABLE FOOD
 SERVICE CONTAINER" SHALL NOT INCLUDE ITEMS COMPOSED ENTIRELY OF ALUMINUM
 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.

                                                            LBD14006-03-9

 S. 6813                             2
 
   E. "REUSABLE FOOD CONTAINER" SHALL MEAN ALL CONTAINERS, BOWLS, PLATES,
 TRAYS, CARTONS, CUPS, LIDS AND OTHER ITEMS THAT ARE DESIGNED  AND  MANU-
 FACTURED TO HOLD FOOD AND ARE CAPABLE OF MULTIPLE REUSE.
   2.  REQUIREMENTS.  A. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS SHALL NOT  REFUSE
 THE  REQUEST  OF  A  CUSTOMER  WHO  HAS ORDERED A BEVERAGE TO SERVE SUCH
 BEVERAGE IN A REUSABLE BEVERAGE CONTAINER PROVIDED BY  THE  CUSTOMER  IN
 SUBSTITUTION  FOR  THE SINGLE-USE CONTAINER PROVIDED BY THE FOOD SERVICE
 ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE BEVERAGE CONTAINER IS CAPABLE OF AND APPROPRIATE FOR
 SERVING SUCH BEVERAGE, AS DETERMINED BASED  ON  THE  SIZE,  CLEANLINESS,
 MATERIAL,  AND  ANY  OTHER  RELEVANT  FACTORS,  OF THE REUSABLE BEVERAGE
 CONTAINER; AND
   (II) SUCH BEVERAGE SHALL  BE  DISPENSED  IN  A  MANNER  THAT  PREVENTS
 CONTACT  WITH,  OR  CONTAMINATION  OF,  THE FOOD-CONTACT SURFACES OF THE
 BEVERAGE DISPENSING EQUIPMENT.
   B. ANY FOOD SERVICE ESTABLISHMENT IN THE STATE  THAT  SERVES  FOOD  TO
 CUSTOMERS  IN  DISPOSABLE  FOOD  SERVICE CONTAINERS SHALL NOT REFUSE THE
 REQUEST OF A CUSTOMER WHO HAS LEFTOVERS FROM PARTIALLY CONSUMED MEALS TO
 PACKAGE SUCH LEFTOVERS IN A REUSABLE  FOOD  CONTAINER  PROVIDED  BY  THE
 CUSTOMER  IN  SUBSTITUTION  FOR  THE  DISPOSABLE  FOOD SERVICE CONTAINER
 PROVIDED BY THE FOOD SERVICE ESTABLISHMENT, PROVIDED THAT:
   (I) SUCH REUSABLE FOOD CONTAINER IS CAPABLE  OF  AND  APPROPRIATE  FOR
 PACKAGING  SUCH LEFTOVERS, AS DETERMINED BASED ON THE SIZE, CLEANLINESS,
 MATERIAL, AND ANY OTHER RELEVANT FACTORS, OF THE REUSABLE FOOD  CONTAIN-
 ER; AND
   (II)  SUCH  LEFTOVERS  SHALL  BE  PACKAGED  IN  A MANNER THAT PREVENTS
 CONTACT WITH, OR CONTAMINATION OF, THE FOOD-CONTACT SURFACES OF THE FOOD
 SERVING EQUIPMENT.
   3. NOTIFICATION. A. EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT
 SERVES BEVERAGES TO CUSTOMERS IN SINGLE-USE CONTAINERS  SHALL  CONSPICU-
 OUSLY  POST  SIGNAGE  INFORMING  CUSTOMERS  THAT  THEY  ARE PERMITTED TO
 REQUEST THE SERVICE OF BEVERAGES IN THEIR OWN REUSABLE BEVERAGE CONTAIN-
 ERS.
   B. EVERY FOOD SERVICE ESTABLISHMENT IN THE STATE THAT SERVES  FOOD  TO
 CUSTOMERS IN DISPOSABLE FOOD SERVICE CONTAINERS SHALL CONSPICUOUSLY POST
 SIGNAGE INFORMING CUSTOMERS THAT THEY ARE PERMITTED TO REQUEST THE PACK-
 AGING  OF  LEFTOVERS FROM PARTIALLY CONSUMED MEALS IN THEIR OWN REUSABLE
 FOOD CONTAINERS.
   § 3. This act shall take effect one year after it shall have become  a
 law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6813

Share this bill

Sponsored By

Jen Metzger