BILL NUMBER: S7408B
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring food
service establishments to permit the use of reusable beverage and food
containers provided by customers
 
PURPOSE:
To encourage the use of reusable containers for food and beverages in
order to reduce food packaging waste going to landfills, reduce risks to
human health and reduce food service industry costs.
 
SUMMARY OF PROVISIONS:
Sec. 1 - short title "Right to Refill Act."
Sec. 2 - amends the public health law by adding new section 1352-f as
follows:
* requires that a food service establishment serving beverages or food
in single-use containers shall, upon customer request, serve a beverage
and package any food leftovers in a container provided by the customer,
and requires that it provide notice to customers of this right;
A-print:
* provides that food service establishments may opt to serve takeout
food in the customer's own container, and requires that it provide
notice to customers of this option;
* provides that a food service establishment may reject any container if
it appears inappropriate;
* exempts the food service establishment from liability if, in good
faith, it accepts reusable containers provided by customers according to
the provisions of this section;
* directs the commissioner to promulgate rules establishing standards
for safe handling of containers provided by customers in restaurants.
B-print: makes it requirement that food service establishment staff
staff clean and sanitize customer containers
Sec. 3 - effective date
 
JUSTIFICATION:
The proliferation of single-use plastics, including food packaging, is
degrading the environment in New York and in ecosystems around the
world. For example, in the United States alone, Americans discard more
than 60 million single-use plastic water bottles a day.1 Very little of
this single-use plastic can be disposed of in a sustainable manner with
less than 6% of plastic waste being successfully recycled while the
other 94% is disposed of in landfills, burned in incinerators, or swept
into waterways.2 Meanwhile, New York State's landfills currently have
less than 15 years of capacity left. Both the Climate Leadership and
Community Protection Act (CLCPA) and the waste management goals outlined
in the NYSDEC 2023 Solid Waste Management Plan articulate an urgent
imperative to reduce the rate at which waste is going to our landfills.
Single use plastics also represent a significant health risk as PFAS
(per-and poly-fluoroalkyl substances) as well as microplastics can be
transferred from packaging into food products. These chemicals are known
to cause adverse health outcomes including cancer, endocrine
disruptions, liver and kidney failures, infertility, developmental
difficulties, learning disorders, and immunodeficiencies.
Reusable containers, by contrast, are designed to be used multiple
times, and are much less likely to break down and release toxic chemi-
cals.3 Further, reusable containers are safe to use, with studies from
the International Journal of Infection Control concluding that reusable
containers present no greater inherent risk of pathogen transmission
than single use containers.4 The Ellen McArthur foundation estimates
that businesses have an opportunity to save some $10 billion in material
costs if they can replace just 20% of their single-use plastic packaging
with reusable alternatives.5
At least four other states (California,6 Maine,? Oregon,8 and Illinois9)
have passed "bring your own container" legislation and the FDA has
released a supplement to the 2022 Food Code which explicitly lays out
guidance for safe BYO (Bring your Own) reusable container policy.10
Both New York state law and health department regulations are silent on
whether food service establishments can or should offer beverages or
food in the customer's own reusable container. According to a 2025
report by Columbia University, current state law is ambiguous on BYO
containers since it "prohibits practices that may lead to food contam-
ination but does not clearly prohibit or authorize the use of personal
containers." This creates regulatory uncertainty for businesses inter-
ested in adopting BYOC policies, according to the study's survey of 41
small businesses. 25% said they already had BYOC policies in place. Of
those that did not, 72% stated that clear hygiene and sanitation guide-
lines from the NYSDOH would make them more likely to adopt BYOC poli-
cies.
This bill sets standards that will clarify that consumers have an unam-
biguous right to refill using their own, reusable containers for bever-
ages and leftovers, and requires food establishments to conspicuously
post notice about this. It also gives food establishments the option of
offering takeout food in the customer's own container.
 
LEGISLATIVE HISTORY:
A4673 (2023-24) - referred to Health; PASSED SENATE
A3052 (2021-22) - referred to Health; REFERRED TO SENATE HEALTH
A8722 (2019-20) - referred to Health; SENATE 3rd READING
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
(1)https://www.container-recycling.org/index.php/
issues/.../275-down-the-drain
(2) https://www.beyondplastics.org/press-releases/the- real-truth-a-
bout-plasticsrecycling
(3) https://ssrn.com/abstract=4301327
(4) https://ijic.info/article/view/23758
(5) https://www.ellenmacarthurfoundation.org/ reuse-rethinking-packaging
(6) https://legiscan.com/CA/text/AB619/2019
(7) https://legislature.maine.gov/legis/bills/
display_ps.asp?LD=2091&snum=131
(8) https://olis.oregonlegislature.gov/liz/2023R1/
Downloads/MeasureDocument/SB545 /Enrolled
(9) https://legiscan.com/IL/bill/HB2086/2023
(10) https://drive.google.com/file/
d/11jLOwNCp0B4GyTOQQa06qm9bw5VUCTso/view Page 3 of 3