The Dutchess County Legislature has unanimously approved a new law that will require restaurants and other food service businesses to provide single-use utensils, condiment packets, and other disposable items only when customers request them, a change county lawmakers said is meant to reduce waste while saving businesses money.
The measure, known as the Dutchess County Single-Use Foodware Reduction Law, was approved on May 11 after unanimously passing through the Environment Committee and the full Legislature. It now awaits the signature of the County Executive.
If signed, the law would apply to food service establishments permitted by Dutchess County, including restaurants, cafes, bars, takeout operations, caterers, cafeterias, and mobile food vendors. It would cover both dine-in and takeout orders, as well as orders placed through third-party delivery services.
“This is a no-brainer,” said Legislator Chris Drago (D-19). “Businesses save money by cutting out single-use utensils, and it’s good for the environment.”
Businesses that offer single-use items, including napkins and straws, would also have to provide customers with a way to request them when ordering in person, by phone, or electronically. Online ordering systems would have to default to no single-use foodware or condiment packets unless a customer selects otherwise.
Legislator Lisa Kaul, D-Town of Poughkeepsie, who introduced the legislation, said the measure was intended to address a common source of waste without imposing a ban.
“I am committed to reducing plastic waste, and introduced this legislation after learning that many customers don’t want extra utensils and condiments,” Kaul said in a statement.
The law would take effect 180 days after being filed with the state. For the first 18 months after that, the Dutchess County Department of Health would focus only on education and outreach, and no penalties would be assessed. Businesses found out of compliance during that period would receive a compliance assistance notice and a follow-up visit.
Kaul said that phase-in period was added after discussions with the Dutchess County Regional Chamber of Commerce, county staff, and officials in other counties that have passed similar measures.
“At the same time, I wanted to be sure we don’t unnecessarily burden small businesses,” Kaul said.
For some businesses in Pine Plains, the change could require an adjustment in routine.
Zayuri Jose, who helps run her Pine Plains family business, Guacamole Grill, which regularly gives customers plastic containers containing house sauces and sour cream with takeout orders to meet customer expectations. “A lot of people do ask for it,” Jose said. “We just give it to them.”
If the law takes effect, employees would have to add another step when taking orders, slowing things down, Jose said. Still, she said the law could also save the restaurant money, especially as the cost of packaging and ingredients for sauces has increased.
“Prices have been going up,” she said. “Everything’s more expensive.”
Supporters of the law framed it as a modest change with environmental and financial benefits.
“I think it’s going to save us a little money here and there, but we’ve been doing it [offering utensils and sauce packets by request only] for a while anyway,” said Ron Quijada, owner of Spud Shack in Pine Plains. “It’s not going to be that much of a change for us.”
The law would still allow customers to access self-service stations for utensils or condiments, as long as items are not bundled in a way that forces customers to take more than they need. It also includes exemptions for certain situations, including charitable meal programs, emergencies, hospitals, health care facilities, congregate care facilities, and items prepackaged by manufacturers. Businesses could also continue to include certain items, such as beverage lids or trays, when needed to prevent spills.
Food businesses that provide single-use foodware or condiment packets would be required to post a visible sign telling customers to ask for those items. The Department of Health, working with the county executive’s office, would develop multilingual materials to help businesses comply.
For customers, the change may be as simple as asking for a fork, napkin, or sauce packet. For restaurants, it could mean retraining staff and adjusting phone, in-person and online ordering systems. For county officials, the goal is broader: fewer unused plastic items leaving restaurants, sitting in kitchen drawers, or ending up in the trash.
“No mandates, no bans,” Assistant Majority Leader Kristofer Munn, D-Red Hook, said. “Just a simple nudge toward less waste and a cleaner Dutchess County.”
A very good idea. I hope it passes. I’m for it 100%