Albany County, NY Single-Use Items: Utensils-On-Request (2026)

L. No. 1-2020), addresses plastic cutlery alongside straws. Section 170-18 defines "plastic cutlery" as any fork, spoon, spork or knife made predominantly of petroleum- or biologically-based plastic intended for one-time use, including compostable and biodegradable versions, but excluding wood or bamboo utensils. Section 170-19(A) requires that "all Albany County restaurants, including fast-food restaurants, drive-through windows of restaurants, beverage providers or vendors, shall only offer plastic cutlery and straws upon request," while allowing employees to proactively ask customers if they need utensils. Subsection (B) preserves the right of restaurants and vendors to offer nonplastic alternatives made from paper, grain stalks, sugar cane or bamboo without restriction.

Subsection (C) exempts "self-service" stations stocked with cutlery from the ask requirement entirely, since customers there make their own choice. Unlike straws, which Article III separately bans outright in § 170-20 after a six-month phase-in, plastic cutlery remains available county-wide but only on an on-request basis: there is no outright cutlery ban in this chapter. Section 170-21 puts the County Health Department in charge of pre-implementation outreach, signage, rulemaking and enforcement, with each day of continued violation after written notice treated as a separate offense, and § 170-22 set the effective date six months after the December 16, 2020 enactment.