Restaurants may still provide single-use utensils and condiment packets, but customers generally must ask for them. Online orders must default to no utensils or condiments.
MORRISTOWN, NJ – New Jersey restaurants and food-service businesses changed how they provide disposable utensils and condiments on August 1, when the state’s “Skip the Stuff” law took effect.
The law does not prohibit takeout customers from receiving forks, spoons, chopsticks or condiment packets. Instead, it changes the default: single-use items generally may be provided only after a customer requests them.
For online and app-based orders, the utensil and condiment option must default to “no utensils or condiments.” Customers can opt in while placing an order. Restaurants may also ask customers whether they want particular items.
The law distinguishes between full-service restaurants and other food-service businesses.
A full-service restaurant with seating for 10 or more customers may not give single-use utensils or condiment packets to customers eating on the premises. Those restaurants must provide reusable, washable utensils for dine-in service. Takeout and delivery customers may still receive single-use items upon request.
Other covered businesses, including fast-food restaurants, cafés, food trucks, convenience-store food counters and similar establishments, may provide requested single-use items.
Customers using a qualifying utensil dispenser or self-service condiment station are treated as having requested the item. Open trays that allow customers to take multiple utensils do not qualify as utensil dispensers under the law.
Several exceptions apply:
- Public and private K-12 schools
- Licensed health-care facilities
- County and state correctional facilities
- Manufacturer-attached utensils, such as a spoon packaged with a food product
- Single-use portion cups used for sauces or dressings
Food-court vendors have a two-year transition period and are not subject to the principal requirements until August 1, 2028.
A second phase takes effect August 1, 2027, when businesses will be prohibited from providing bundled packages containing multiple types of disposable utensils or condiments, even when a customer requests individual items.
Enforcement begins with a warning. A second violation can bring a $100 civil penalty, followed by $250 for a third or subsequent violation within the applicable 12-month period. Penalty revenue goes to the Clean Communities Program Fund, with qualifying local enforcement agencies allowed to retain a portion.
The law also establishes one statewide standard and supersedes municipal and county rules regulating the provision of single-use utensils and condiments.
For customers, the practical change is limited: ask for what is needed when ordering takeout or delivery. For restaurants, the law requires changes to ordering systems, employee procedures and dine-in service.