Westchester County, NY Single-Use Items: Utensils-On-Request (2026)
Key Facts
- Rule
- Request-only for single-use foodware
- First penalty
- $100 civil fine
- Repeat penalty
- $400 per violation
- Adopted
- L.L. No. 1-2023
Summary
Food service establishments and retail food stores in Westchester County may give out single-use utensils, straws and condiment packets only when a customer requests them.
No food service establishment or retail food store shall provide single-use foodware or condiment packets to any dine-in or take-away customer, whether directly to such customer or through a third-party food delivery service, unless the customer requests such single-use foodware or condiment packets.2.No food service establishment or retail food store shall provide any single-use plastic beverage stirrer or single-use plastic beverage splash stick to any dine-in or take-away customer, whether directly to such customer or through a third-party food delivery service, except that retail food stores may sell packages or boxes of single-use plastic beverage stirrers or single-use plastic beverage splash sticks to their customers.3.Notwithstanding requests for single-use foodware or condiment packets by any dine-in or take away customer, no food service establishment or retail food store shall provide, in a self-service station or otherwise, single-use foodware or condiment packets that are bundled or packaged in a manner that prohibits a dine-in or take-away customer from taking only the type of single-use foodware item or condiment packet desired. (L.L. No. 1-2023, § 1)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).
Full Breakdown
The Single-Use Foodware Law bars restaurants, food trucks and retail food stores from handing out single-use foodware -- forks, spoons, knives, chopsticks, napkins, cup sleeves and more -- or condiment packets to dine-in or take-away customers, including delivery orders, unless the customer affirmatively asks for them. Ordering platforms must let customers request items, defaulting to none.
Violations & Fines
Civil penalties escalate: $100 for a first violation, $200 for a second, and $400 for each further violation within 12 months, after a warning-only grace period.
Frequently Asked Questions
Do Westchester restaurants have to give out forks and napkins automatically?
What happens if a restaurant keeps giving out utensils unasked?
Sources & Official References
Other rules in Westchester County
New York rules heatmap·Compare Westchester County to another location·View the New York single-use items overview
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