Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 2, 2021
The Firm
201-896-4100 info@sh-law.com
New Jersey foodservice businesses, including restaurants, fast-food establishments, and convenience stores, must now comply with the state’s restriction on single-use plastic straws under which businesses may provide single-use plastic straws to a customer only upon request.
The plastic straw ban is part of a more expansive state law aimed to curb plastic pollution. Other provisions of the 2020 law (P.L. 2020, c. 117), which ban the sale or provision of single-use plastic carryout bags from stores and food-service businesses; single-use paper carryout bags from grocery stores larger than or equal to 2,500 square feet; and use of polystyrene foam food-service products, are slated to take effect on May 4, 2022.
“When we move beyond single-use plastics, we can reduce our reliance on the fossil fuels that create plastic, remove a source of litter from our communities, and protect wild and marine life from the harm of ingesting or becoming entangled in plastic products,” New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette said in a press statement.
Beginning on November 4, 2021, food service businesses may only provide a single-use plastic straw to a customer upon request by the customer. Covered businesses include restaurants, cafes, coffee shops, convenience stores, food trucks, movie theaters, and business/institutional cafeterias. Additionally, the “by request only” provision of the law for single-use plastic straws applies to all instances where a customer has the option of using or not using a single-use plastic straw, including drive-thru establishments and self-service areas.
To ensure compliance, food service businesses are required to keep an adequate supply of single-use plastic straws. Stores may continue to sell packages of single-use plastic straws and provide/sell a beverage pre-packaged by the manufacturer with a single-use plastic straw, i.e., juice boxes
A person or entity that violates the law will be warned for a first offense, may be fined up to $1,000 per day for the second offense and may be fined up to $5,000 per day for the third and subsequent violations. Violations of a continuing nature constitute an additional, separate, and distinct offense for each day that is deemed a violation. The DEP, municipalities and any entity certified pursuant to the “County Environmental Health Act” are authorized to enforce the law.
The remaining provisions of the law, including those governing carry-out bags and polystyrene foam foodservice products, take effect on May 4, 2022. The DEP has established a website dedicated to helping businesses understand and comply with the new requirements. We encourage covered businesses to review the law, along with the DEP’s FAQs and other guidance. As always, Scarinci Hollenbeck’s experienced business attorneys are here to help address any compliance concerns.
If you have any questions or if you would like to discuss the matter further, please contact me, Monica Schroeck, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!