Int. No. 781
By Council Member Abreu
A Local Law to amend the administrative code of the city of New York, in relation to requiring food service establishments to permit the use of reusable cups provided by customers
Be it enacted by the Council as follows:
Section 1. Chapter 4 of title 16 of the administrative code of the city of New York is amended by adding a new section 16-403 to read as follows:
§ 16-403 Acceptance of reusable cups by food service establishments a. Definitions. For purposes of this section:
Food service establishment. The term “food service establishment” has the same meaning as set forth in section 16-401.
Reusable cup. The term “reusable cup” means a container that is intended to hold beverages, and is designed and manufactured to be used repeatedly over an extended period of time.
Single-use plastic cup. The term “single-use plastic cup” means a container made from organic polymers, including, but not limited to, polypropylene and polystyrene that can be applied as a coating on paper products, which is designed and intended to be used only once for drinking or eating prior to being discarded or recycled.
b. No food service establishment in the city shall deny to any person the ability to substitute their own reusable cup in place of a single-use plastic cup provided by the food service establishment for the service of a beverage.
c. All food service establishments in the city, which serve beverages to customers in single-use plastic cups, shall display a sign that states: “Customers may request the service of beverages in their own reusable cups.” Such signs shall be unobstructed in their entirety and must be at least two inches by seven inches, in no less than 20 point font.
d. The department of health and mental hygiene and the department of consumer and worker protection shall have the authority to enforce the provisions of this section.
e. Food service establishments may refuse to substitute a single-use plastic cup for a reusable cup if the reusable cup is incapable of being washed and sanitized in accordance with standards set by the department of health and mental hygiene or if the size of the reusable cup does not comport with beverage sizes used by the food service establishment.
f. Any food service establishment that violates this section or any rule promulgated pursuant thereto shall be liable for a civil penalty recoverable in a civil action brought in the name of the commissioner of health and mental hygiene or the commissioner of consumer and worker protection, or in a proceeding before the office of administrative trials and hearings, pursuant to section 1048 of the charter. Such penalties shall be in the amount of one hundred dollars for the first violation, two hundred for the second violation committed on a different day within a period of twelve months, and four hundred dollars for the third and each subsequent violation committed on different days within a period of twelve months.
§2. This local law takes effect 180 days after it becomes law.
Session 12
JC/ARP
LS 9226
2/11/26