New York, NY Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- Default rule
- No plastic straws unless customer requests one
- Stirrers/splash sticks
- Banned outright, no request exception
- Sign size
- At least 2 by 7 inches, 20-point font
- First violation fine
- $100, rising to $400 by third
- No-inquiry rule
- Staff can't ask why a straw is needed
Summary
New York City food service establishments cannot hand out single-use plastic beverage straws unless a customer asks for one. Administrative Code § 16-401(c)(1) requires restaurants to keep straws on request, stock enough supply to meet demand, and post a required sign at every self-serve station.
No food service establishment in the city shall provide to any person a single-use plastic beverage straw that is not compostable except upon request. Nothing in this chapter shall preclude food service establishments from providing compostable beverage straws that are not made from plastic. ... All food service establishments that have one or more self-serve stations shall display a sign at each such station that states: "Plastic straws available upon request." Such signs shall be unobstructed in their entirety. Such signs must be at least two inches by seven inches, in no less than 20 point font.
Full Breakdown
Section 16-401(c)(1) sets the core rule: no food service establishment in the city shall provide a single-use plastic beverage straw that is not compostable except upon request, though establishments may freely offer compostable, non-plastic straws. 2 backs that up with a supply mandate: every food service establishment must keep a sufficient supply of non-compostable plastic straws, hand one over free of charge the moment a customer asks, and make no inquiry into the reason for such request, since refusing a request can also violate the reasonable-accommodation duty in Title 8 of the Administrative Code, enforceable by the Commission on Human Rights.
3 adds a signage duty: any establishment with a self-serve station must post a sign reading 'Plastic straws available upon request,' at least two inches by seven inches in 20-point type or larger, fully unobstructed. The same section separately bans plastic beverage stirrers and splash sticks outright under subdivision (b), with no request exception. 1 organics program, and non-covered establishments must keep separately labeled compost bins for those straws. The rule doesn't apply to straws sold in bulk retail packs or pre-attached to juice boxes and similar beverage packaging under subdivision (e).
Violations & Fines
Under § 16-401(h), a food service establishment that violates the straws rule, including refusing a legitimate request or failing to post the required sign, is liable for $100 for a first violation, $200 for a second within twelve months, and $400 for a third and beyond, though the city issued warnings only for first violations before November 1, 2022.
Frequently Asked Questions
Can I still get a plastic straw in NYC restaurants?
Are plastic stirrers banned in New York City?
What's the fine for violating NYC's straw law?
Sources & Official References
Other rules in New York
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