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…
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.
New Jersey’s New Requirements for Single-Use Plastic Straws
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.
What’s Next?
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 questions, please contact us
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.
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
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!
