Council hears Van Bramer bill banning plastic takeout utensils

Testimony on Councilmemeber Jimmy Van Bramer’s bill to curtail the use of plastic cutlery included NRDC Senior Attorney Eric Goldstein. Screenshot via Zoom

By Rachel Vick

The New York City Council held a hearing on a bill from Councilmember Jimmy Van Bramer intended to cut back on the use of single use utensils for takeout, more than two years after it was first introduced.

The “Skip the Stuff” bill would prohibit restaurants from providing plastic utensils, condiments or napkins unless specially requested by the customer ordering takeout.

“The status quo of including plastic utensils in all food orders by default is not only unnecessary and unsustainable, it is incredibly costly for the city's restaurants and small businesses,” Van Bramer said.

“Skip the Stuff was drafted specifically to reduce the harmful effects everyday plastics have on our environment while also addressing the costs incurred by restaurants and city sanitation,” he added. “Ultimately, this will save businesses money and we want them to know that."

Proponents of the bill tout benefits for both the environment and the establishments saving money on the disposable items, particularly in the wake of the increase in the demand for delivery spurred by the pandemic.

New York City spends at least $42 million on waste management fees annually for single-use disposable foodware, according to Van Bramer. Under the bill, restaurants would default to sending out delivery orders without the single-use materials that often wind up in the back of a drawer.

Restaurants will be allowed to rely on the information provided by third party delivery services, and if a penalty is incurred for violating the ban, a copy of the order can be used to prove the inclusion was based on the app’s information.

A civil penalty of $100 would be issued for the first violation, $200 for the second violation committed on a different day within a period of 12 months, and $300 for the third and each subsequent violation within 12 months of the first violation.

The potential benefit of the new legislation was acknowledged by both environmental advocates and members of the business community — it was drafted in collaboration with the Reusable NYC Coalition and the Hospitality Alliance.

“While we’re always skeptical of over-regulating small businesses, we believe this policy strikes the right balance because it will save restaurants money by reducing the number of single use plastic utensils and condiment packages they often provide customers that go unused, while also reducing the plastic waste that ends up on in our waste system, in our waterways, on our streets, and that harms our environment,” said Andrew Rigie, executive director of the NYC Hospitality Alliance.

The law would go into effect six months after being signed.