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New Jersey’s “Skip the Stuff” Law Targets Plastic Waste, Limits Single-Use Plastic Cutlery and Condiments

A flyer detailing the new “Skip the Stuff” law, aiming to reduce unnecessary plastic waste across the state by restricting food service businesses from automatically distributing single-use plastic utensils and condiments.

The Union County Board of County Commissioners encourages residents and local businesses to prepare for New Jersey’s “Skip the Stuff” law, officially taking effect on August 1, 2026. Enacted in January 2026 as New Jersey Senate Bill 3195 (S3195), the law aims to reduce unnecessary plastic waste across the state by restricting food service businesses from automatically distributing single-use plastic utensils and condiments. These items will now only be provided when specifically requested by the customer.

“We are once again taking a major step towards building a more sustainable future and reducing plastic consumption in our State. Whether it looks like keeping reusable utensils in purses or office drawers, or making sure to request them from food vendors when placing an order, it’s important that residents plan ahead for these changes to ensure a smoother dining experience going forward,” said Union County Commissioner Chairman Joseph C. Bodek. “We encourage everyone to get prepared and to help spread the news about the new law to friends, family, and coworkers.”

The law applies to various food establishments across New Jersey, including restaurants, cafés and coffee shops, diners, food trucks, take-out and delivery services, drive-thru restaurants, and online ordering platforms. Its aim is to minimize litter, conserve resources, and reduce the significant number of unused single-use items that enter the waste stream each year.

The key changes under the new law are as follows:

  • Single-use utensils and condiments may only be provided upon customer request for take-out and delivery orders
  • Online ordering systems must default to “no utensils or condiments,” requiring customers to actively opt in
  • Full-service dine-in restaurants with seating for 10 or more customers must provide reusable utensils for dine-in meals
  • Self-serve dispensers may still be used if they dispense individual items rather than bundled cutlery packs

Residents and businesses are encouraged to familiarize themselves with the new requirements prior to the law’s effective date. Residents are asked to request utensils, condiments, napkins, or other single-use items only when needed.

To ensure compliance with public health and food safety standards, specific institutional and operational exemptions have been granted to certain establishments, including all public and private K-12 schools, County and State correctional facilities, healthcare facilities, and food court vendors. Pre-packaged food items with single-use utensils or condiments attached during manufacturing, as well as single-use sauce cups for dine-in service, are also exempt.

Businesses that fail to comply may receive a warning for a first violation, a $100 fine for a second violation, and a $250 fine for a third and subsequent violations within a period of 12 months. Funds collected through penalties will be deposited into the Clean Communities Program Fund, with municipalities or certified enforcement agencies permitted to retain up to 30% of collected penalty revenues.

The New Jersey Department of Environmental Protection (DEP) recently announced the launch of its “Cut the Cutlery” campaign, aimed at helping businesses and consumers understand the new requirements and the environmental and financial benefits of reducing unnecessary single-use waste. “Cut the Cutlery” will also provide information and resources for food establishments during the transition, including training scripts, downloadable flyers, social media posts and more. Visit NJDEP| Get Past Plastic | Outreach Toolkit to learn more.

For more information on the “Skip the Stuff” program in Union County, visit ucnj.org/recycling/ or call the Union County Recycling Hotline at 908-654-9889.