BILL NUMBER: S7408 Revised 04/21/25
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:
This bill would require foodservice establishments to permit the use of
reusable beverage containers provided by customers.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 names this this bill the "Right to Refill Act."
Section 2 amends the public health law to add new section 1352-f.
Section 1352-f is amended to (1) define "food service establishment,"
"reusable beverage container," and "single-use;" (2) set requirements
for food service establishments in the state that serve beverages in
single-use containers; and (3) provide for notification and signage
requirements for food service establishments.
 
JUSTIFICATION:
The proliferation of single-use plastics has continued to degrade the
environment in New York and ecosystems around the world. In the United
States alone, Americans discard more than 60 million single-use plastic
water bottles a day. While the NYS Department of Health has determined
that there is no prohibition on food service restaurants utilizing
customer's reusable bottles for sanitary reasons, many New Yorkers are
unclear on what their rights are when it comes to using reusable
containers.
This legislation sets standards that will clarify that consumer have an
unambiguous right to fill reusable containers instead of opting for
single use containers.
 
LEGISLATIVE HISTORY:
2023-24: S 2079(Kavanagh)/ A4673(Fahy)
2021-22: S4880(Kavanagh)/A3052(Fahy)
2019-20: S6813(Metzger)/A8722(Fahy)
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law