As of July 31, 2023, New York City food service establishments and third-party food delivery apps and couriers cannot provide the following items in restaurant take-out or delivery orders unless customers request them: 

  • Utensils
  • Condiment packets
  • Napkins
  • Extra containers 

Food service establishments and third-party food delivery apps must follow other rules.

Learn more about Skip the Stuff restrictions.

The restrictions apply to the online ordering and delivery apps your establishment uses.

The restrictions do not apply to:

  • Self-serve stations inside a food service establishment 
  • Condiments created and sealed by the food service establishment 
  • Utensils, condiments, napkins, and eating containers offered for dining on the premises of the food service establishment

Food service establishments should display a sign to inform customers of the new restrictions. The sign should clearly state: "Utensils, condiments, napkins, and extra plates are only available upon request for takeout and delivery." 

Third-party food delivery apps must:

  • Give customers the option to request eating utensils, condiment packets, napkins, and extra eating containers when they place an order for delivery.
  • Display this option prominently and clearly across all ordering methods, including phone, internet, or apps.
  • Automatically select no eating utensils, condiment packets, napkins, and extra eating containers as the default setting.

Although the law’s restrictions are now in effect, the warning period lasts through June 30, 2024. 

The following agencies enforce the law:

  • NYC Department of Sanitation
  • NYC Department of Consumer and Worker Protection

During the one-year warning period, the NYC Department of Sanitation will conduct outreach and education.

  Was this information helpful?   Yes    No