As of August 1, 2026, New Jersey restaurants must follow new rules for providing plastic utensils, condiment packets, napkins, and straws with takeout and delivery orders.
Known as the “Skip the Stuff” law, the legislation is designed to reduce unnecessary single-use plastic waste by requiring customers to request these items instead of receiving them automatically.
For restaurants, that means reviewing ordering procedures, updating online ordering settings, training staff, and making sure takeout orders comply with the new requirements.
What’s Changed?
Under the new law, New Jersey food service businesses can no longer automatically include plastic forks, knives, spoons, chopsticks, plastic straws, napkins, or condiment packets with takeout or delivery orders. Instead, these items may only be provided if a customer specifically requests them when placing an order. The requirements apply to delivery, takeout, drive-thru, phone, and online orders.
Review Your Ordering Process
Restaurants should review their ordering process to ensure it complies with the new law.
Rather than automatically including utensils, napkins, straws, or condiment packets, customers should have the opportunity to request these items only if they need them.
It’s also a good time to review packing procedures. Staff should no longer automatically add these items out of habit, and any printed packing checklists or fulfillment procedures should reflect the new requirements.
Dine-In Restaurants Have New Requirements
The law doesn’t only affect takeout and delivery.
Many full-service restaurants must also provide reusable, washable utensils for guests dining inside the restaurant instead of disposable plastic options.
What Happens If You Don’t Comply?
Enforcement begins with education.
Restaurants that fail to comply will generally receive a warning before fines are issued. Repeat violations may result in penalties beginning at $100, increasing to $250 for subsequent violations.
Exceptions to the Rule
The law does include several exceptions. It does not apply to K–12 schools, healthcare facilities, or correctional facilities. In addition, restaurants located within food courts are temporarily exempt from the requirements until August 2028.
Why Restaurant Owners Should Care
While the law was created to reduce plastic waste, it may also help restaurants lower operating costs.
Providing utensils, napkins, straws, and condiment packets only when customers request them can reduce unnecessary purchasing while minimizing items that often end up unused and thrown away.
The law also reflects a broader shift toward more sustainable restaurant operations. Many operators have already begun adopting environmentally conscious practices through recyclable packaging, compostable materials, and other waste-reduction initiatives.
If you’re exploring additional ways to make your restaurant more sustainable, check out our blog library: Packaging That Performs: Greener From the Ground Up and Easy Being Green.
New Jersey Isn’t the First
If the concept sounds familiar, that’s because New York City implemented its own Skip the Stuff law in 2023.
The law prohibits restaurants, ghost kitchens, and food delivery businesses from automatically providing single-use utensils, napkins, condiment packets, and other bag stuffers with takeout and delivery orders unless customers request them.
Like New Jersey’s law, New York City’s regulations changed ordering defaults and encouraged restaurants to provide these items only when needed.
We covered New York City’s rollout when the law first took effect. The city’s experience showed that customers adapted quickly, providing a useful example of what New Jersey restaurants can expect.
Take Away
The new requirements may require a few operational adjustments, but they don’t have to disrupt your business.
By reviewing your ordering process, updating packing procedures, and training staff, your restaurant can remain compliant while reducing waste and potentially lowering supply costs.
For many restaurants, the transition is simply another step toward building a more efficient and sustainable operation.
Eileen Honey Strauss
Author
