2. a. Commencing on the effective date of P.L.2025, c.298 (C.13:1E-99.134a et al.):
(1) no full-service restaurant with on-site seating capacity for 10 or more customers operating in the State shall provide single-use utensils or condiments to any on-site consumption customer. The full-service restaurant shall provide its on-site customers with easy access to reusable, washable utensils for use thereby while consuming meals on the premises and shall require each customer using such utensils to return those utensils to the full-service restaurant, for the purposes of cleaning and reuse, upon completion of the customer's on-site meal. The provisions of this paragraph shall be applicable regardless of whether the customer's meal order is placed in person, over the phone, online, or using other available means or methods. The full-service restaurant may provide single-use utensils or condiments to take-out customers as authorized by paragraph (3) of this subsection;
(2) casual dining establishments operating in the State may only provide single-use utensils or condiments to a customer upon, and in accordance with, the express request of that customer. The request may be conveyed in person, over the phone, online, or by using a utensil dispenser or self-serve condiment station; and
(3) an online ordering application for any food service business may allow customers to request single-use utensils or condiments for take-out meals, so long as the default selection is "no utensils or condiments," and the food service business bears final responsibility for ensuring that no utensils or condiments are provided except upon request.
b. Any food service business that elects to supply customers with single-use utensils or condiments, upon request, as authorized by paragraphs (2) and (3) of subsection a. of this section:
(1) shall provide each customer with only those types and amounts of single-use utensils and condiments that have been expressly requested thereby; and
(2) beginning 12 months after the effective date of P.L.2025, c.298 (C.13:1E-99.134a et al.), shall not create, acquire, or provide customers with bundled packages that contain more than one type of single-use utensil or condiment, regardless of the nature of any customer request therefor.
c. Nothing in this section shall be deemed to:
(1) require a food service business to provide any single-use utensils or condiments to customers, upon their request, as authorized by paragraphs (2) and (3) of subsection a. of this section;
(2) prohibit a food service business from utilizing single-use portion cups when serving sauces, dressings, or similar accompaniments; or
(3) prohibit a food service business employee from offering single-use utensils or condiments to a customer if the food service business is authorized to provide single-use utensils or condiments pursuant to paragraphs (2) or (3) of subsection a. of this section. d. The following entities shall be exempt from the provisions of this section:
(1) a public or nonpublic preschool, elementary, or secondary school within this State offering education in grades K through 12 or any combination thereof;
(2) a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); and
(3) a county or State correctional facility.
e. A food service business located in a food court shall be exempt from the provisions of this section for a period of two years beginning on the effective date of P.L.2025, c.298 (C.13:1E-99.134a et al.).
f. Any pre-packaged food item delivered to a food service business that includes a single-use utensil or condiment, which became attached to the item during the manufacturing process shall be exempt from the provisions of this section.