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

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic20

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Patricia Fahy says this is needed

The proliferation of single-use plastics, including food packaging, is degrading the environment in New York and in ecosystems around the world. For example, in the United States alone, Americans discard more than 60 million single-use plastic water bottles a day.1 Very little of this single-use plastic can be disposed of in a sustainable manner with less than 6% of plastic waste being successfully recycled while the other 94% is disposed of in landfills, burned in incinerators, or swept into waterways.2 Meanwhile, New York State's landfills currently have less than 15 years of capacity left. Both the Climate Leadership and Community Protection Act (CLCPA) and the waste management goals outlined in the NYSDEC 2023 Solid Waste Management Plan articulate an urgent imperative to reduce the rate at which waste is going to our landfills. Single use plastics also represent a significant health risk as PFAS (per-and poly-fluoroalkyl substances) as well as microplastics can be transferred from packaging into food products. These chemicals are known to cause adverse health outcomes including cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. Reusable containers, by contrast, are designed to be used multiple times, and are much less likely to break down and release toxic chemi- cals.3 Further, reusable containers are safe to use, with studies from the International Journal of Infection Control concluding that reusable containers present no greater inherent risk of pathogen transmission than single use containers.4 The Ellen McArthur foundation estimates that businesses have an opportunity to save some $10 billion in material costs if they can replace just 20% of their single-use plastic packaging with reusable alternatives.5 At least four other states (California,6 Maine,? Oregon,8 and Illinois9) have passed "bring your own container" legislation and the FDA has released a supplement to the 2022 Food Code which explicitly lays out guidance for safe BYO (Bring your Own) reusable container policy.10 Both New York state law and health department regulations are silent on whether food service establishments can or should offer beverages or food in the customer's own reusable container. According to a 2025 report by Columbia University, current state law is ambiguous on BYO containers since it "prohibits practices that may lead to food contam- ination but does not clearly prohibit or authorize the use of personal containers." This creates regulatory uncertainty for businesses inter- ested in adopting BYOC policies, according to the study's survey of 41 small businesses. 25% said they already had BYOC policies in place. Of those that did not, 72% stated that clear hygiene and sanitation guide- lines from the NYSDOH would make them more likely to adopt BYOC poli- cies. This bill sets standards that will clarify that consumers have an unam- biguous right to refill using their own, reusable containers for bever- ages and leftovers, and requires food establishments to conspicuously post notice about this. It also gives food establishments the option of offering takeout food in the customer's own container.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.