New Jersey Statewide Rule

Plastic Straw Upon-Request Rule in New Jersey

Few RestrictionsApplies statewide across New Jersey (2026)

Key Facts

Legal Authority: Authority: NJSA 13:1E-99.126 (straw provision)
Effective Date: Effective date: November 4, 2021
Straw Availability: Plastic straws available only upon customer request
Dispenser Ban: Self-serve straw dispensers prohibited
Disability Access: Accommodates disability-related straw needs

Last verified: September 5, 2026Source: Justia Law

Summary

Under NJSA 13:1E-99.126, New Jersey food service businesses may provide single-use plastic straws only upon customer request, effective November 2021 statewide.

13:1E-99.130 Dispensing of single-use plastic straws. 5. a. Beginning one year after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), a food service business shall only provide a single-use plastic straw to a customer upon the request of the customer. b. A food service business shall maintain an adequate supply of single-use plastic straws to provide at the request of customers pursuant to subsection a. of this section.

Source: Justia LawView official code

Full Breakdown

New Jersey's single-use plastics law (P.L. 2020, c.117) includes an upon-request provision for single-use plastic straws. Effective November 4, 2021, food service businesses may not automatically provide plastic straws but must furnish them only when a customer specifically requests one. The rule supports accessibility for individuals with disabilities who require straws while reducing default distribution. Self-serve dispensers must be removed from public areas. Drive-through and delivery operations must also comply by not including straws unless requested. Enforcement runs through DEP and local code officials with the same penalty schedule as bags and foam.

Violations & Penalties

Initial violations result in a written warning, escalating to $1,000 for second offense and up to $5,000 per day for third and subsequent violations under DEP enforcement.

Frequently Asked Questions

Can I get a plastic straw at a New Jersey restaurant?

Yes, but only if you request one. Restaurants cannot proactively distribute or display single-use plastic straws to customers.

Does this rule apply to drive-throughs and delivery?

Yes. Plastic straws may not be included automatically with drive-through, takeout, or delivery orders unless the customer specifically requests one.

Sources

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