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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.

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.

The warning period ended on June 30, 2024. 

The following agencies enforce the law:

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

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