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New York, NY Single-Use Items: Utensils-On-Request (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Governing law
N.Y.C. Admin. Code § 16-402
Enforcing agency
Dept. of Sanitation (DSNY)
Applies to
Restaurants and delivery apps
Enforcement began
July 1, 2024
First-violation penalty
$50 civil penalty

Summary

New York City bars food service establishments and third-party delivery services from including single-use eating utensils, condiment packets, napkins, or extra containers with takeout and delivery orders unless the customer specifically requests them. The Department of Sanitation enforces the rule citywide.

No food service establishment shall provide eating utensils, condiment packets, napkins, or extra eating containers to a take-away customer, whether directly to such customer or through a third-party courier service or third-party food delivery service, unless such customer requests eating utensils, condiment packets, napkins, or extra eating containers.

View official code

Full Breakdown

Under N.Y.C. Admin. Code § 16-402, no food service establishment may hand a take-away customer eating utensils, condiment packets, napkins, or extra eating containers, whether in person or through a courier or third-party delivery app, unless that customer requests them. A self-service station stocking those items is exempt. Third-party delivery platforms must give customers a prominent, conspicuous option to request utensils and condiments at checkout for every ordering method, when the restaurant offers them. The Department of Sanitation (DSNY) enforces the restriction, with the Health Department and Department of Consumer and Worker Protection sharing authority. Active enforcement began July 1, 2024 after a warning period.

Violations & Fines

Serving unrequested utensils, napkins, condiment packets, or extra containers draws escalating civil penalties: $50 for a first violation, $150 for a second, and $250 for a third within twelve months. DSNY issues the tickets.

Frequently Asked Questions

Can I still get plastic forks with my NYC takeout order?
Yes, but only if you ask. Restaurants and delivery apps cannot include utensils, napkins, or condiment packets automatically; you must request them when you order.
Does the rule apply to self-service condiment stations?
No. A food service establishment that keeps utensils, napkins, or condiments at a self-service station where customers help themselves does not violate § 16-402.
Do delivery apps have to offer a utensils option?
Yes. Third-party delivery services must provide a prominent, conspicuous option to request utensils and condiments at checkout, for every ordering method, if the restaurant offers them.

Sources & Official References

Other rules in New York

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All New York rules

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