NYC Administrative Code section 16-330, added by Local Law 109 of 2021, requires food service establishments to offer single-use beverage straws only when a customer asks. Compostable and accessible plastic straws must remain available for disability needs.
Local Law 109 of 2021, codified at Admin Code section 16-330, prohibits NYC food service establishments from automatically providing single-use beverage straws or stirrers and from placing them in self-serve dispensers. Customers must specifically request a straw. The law preserves access for diners with disabilities by requiring at least one flexible plastic straw option be kept on hand. Compostable and paper alternatives are encouraged but not mandatory. The Department of Consumer and Worker Protection enforces alongside DSNY with progressive civil penalties. The rule applies to dine-in, takeout, delivery, food trucks, and bars across all five boroughs.
Providing unrequested single-use straws violates Admin Code section 16-330 with warnings on the first offense, then civil fines of $100 second offense and $200 for each subsequent violation, capped at $400 per inspection visit.
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