On January 12, 2026, the New Jersey Senate passed Bill S-3195, requiring fast food restaurants, food trucks, and other casual dining establishments to only provide single-use cutlery and condiments upon customer request, avoiding the waste of "default complimentary sets."
The bill also stipulates that full-service restaurants with 10 or more seats must provide reusable, washable cutlery to dine-in customers and only offer single-use cutlery and condiments with takeout orders upon request. Repeat offenders will face escalating fines: a warning for the first violation, a $100 fine for the second, and $250 for each subsequent violation.
The state's Department of Environmental Protection will also conduct 180 days of public education, emphasizing the environmental and economic benefits of reducing single-use cutlery use, guiding the public to use only what they need, and promoting more restrained plastic use habits in daily dining.
The proposal applies to fixed locations, food trucks, stadiums, convenience stores, and hospitals. Legislators have provided exemptions for schools, medical facilities, and correctional facilities.
One of the Senate sponsors of the bill, Democrat Raj Mukherji, stated that the bill would still allow customers to receive plastic cutlery upon request.
The proceeds from the fines would support the Clean Communities Initiative Fund, with 30% going to the municipalities enforcing the fines. Supporters argue that this change will reduce plastic waste and littering. Critics, however, believe that these penalties could harm small businesses.
Lawmakers point out that millions of tons of plastic are discarded in the U.S. each year, a significant portion of which ends up in urban environments and oceans, with disposable cutlery being a major source.
In recent years, as part of a broader effort to curb plastic pollution, New Jersey has banned plastic bags and foam containers and imposed restrictions on plastic straws.
