This legislation amends the public health law by adding a new section of law to require that food service establishments serving beverages in single-use containers will, upon request, serve a beverage in any appropriate, clean container that is provided by the customer. It further requires that food services establishments will, upon request, package leftovers from a meal into an appropriate, clean reusable container provided by the customer.
This bill requires that food service establishments allow consumers to use their own reusable beverage and food containers for beverages and leftover food. With 136 million single-use paper coffee cups consumed daily, the United States is at the center of a growing global waste crisis.
An estimated 80% of US products are used once and then thrown away; a problem compounded by each New Yorker producing about 4.5 pounds of trash a day. Allowing consumers to bring their own containers is a critical, cost-effective step in reducing unnecessary waste. This legislation ensures food safety and public awareness by requiring food service establishments to:
“Right to Refill” research undertaken by Columbia University Executive Masters in Sustainability found strong support for the right to refill legislation. 25% of food service establishments surveyed already had “Bring Your Own Cup” (BYOC) policies in place. Of those that did not, 72% stated that clear hygiene and sanitation guidelines from the New York State Department of Health (DOH) would make them more likely to adopt BYOC policies. Mitigating the waste produced is a key step in addressing the limited landfill space we have left. Similar legislation has been passed in states such as California, Maine, and Oregon, and the FDA has released a supplement to the 2022 Food Code which explicitly lays out guidance for safe reusable container policy.
