By Nicholas Talvacchia and Benjamin Ojserkis
Beginning August 1, 2026, restaurants and other food service businesses in New Jersey will need to change how they provide plastic utensils, condiment packets, and other single-use items to customers. Under the state’s new “Skip the Stuff” law (S-3195/A-5157, enacted as P.L. 2025, c. 298), these items can no longer be automatically included with most dine-in, takeout, and delivery orders.
The law sets a single statewide standard and preempts municipal and county ordinances on the subject.
What Changes August 1
- The law governs when a food service business may provide single-use utensils and condiments (“single-use items”) — items designed to be discarded after one use. Utensils include knives, forks, spoons, and chopsticks. Condiments include packaged ketchup, mustard, mayonnaise, hot sauce, salt, pepper, and any other packaged seasoning or sauce.
- Under the law, full-service restaurants with 10 or more seats are banned from providing single-use utensils and condiments to dine-in customers, while all other food service businesses may provide them only upon request.
Dine-In Service Rules
- Full-service restaurants — establishments where customers order and are served while seated — with seating for 10 or more customers may not provide single-use items to dine-in customers at all.
- Take-out and delivery customers may still receive single-use items, but only upon request. Full-service restaurants with fewer than 10 seats may likewise provide single-use items upon request.
Request-Only Requirements
Every other food service business —may provide single-use items only when the customer asks.
- This flips the default from assuming that every customer wants single-use items to assuming they do not unless a customer requests them.
- A request may be made in person, over the phone, or online and a customer who uses a self-serve condiment station or a push-button utensil dispenser is treated as having made one.
- Dining establishments remain able to ask customers whether they would like utensils or condiments.
- For online and app-based ordering, any option to add single-use items must default to “no utensils or condiments” — the customer must affirmatively opt in.
Exceptions
- Single-use portion cups for sauces, dressings, and similar accompaniments are exempt.
- Items attached by the manufacturer — such as the spoon built into a yogurt cup — are exempt.
No More Bundled Packets by August 1, 2027
- One year after the law takes effect, food service businesses may no longer provide bundled packages containing more than one type of single-use utensil or condiment – even if the customer requests one.
- These packets are usually the fork, knife, napkin, and ketchup bundled together.
Exemptions
- Public and nonpublic schools;
- Licensed health care facilities;
- County and State correctional facilities; and
- Food courts have a two-year grace period until August 1, 2028.
Preparing for August 1
Food service businesses should begin reviewing their current practices for providing single-use items, including dine-in service, takeout and delivery operations, and online ordering procedures. Businesses should also evaluate how the new requirements may affect employee practices, customer interactions, and inventory decisions. Cooper Levenson’s Land Use Department can assist businesses in assessing their obligations and preparing for compliance.
Our Land Use Department will continue to monitor the implementation of the “Skip the Stuff” law and is available to assist business in evaluating how the law applies to their operations.
Contact Nicholas Talvacchia, Esq. at (609) 572-7544, ntalvacchia@cooperlevenson.com or Benjamin Ojserkis, Esq. at (609) 572-7550, bojserkis@cooperlevenson.com
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.