New York City Council Header
File #: Int 1999-2020    Version: * Name: Filling personal food or beverage take-out containers during the COVID-19 pandemic
Type: Introduction Status: Committee
Committee: Committee on Health
On agenda: 7/28/2020
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to filling personal food or beverage take-out containers during the COVID-19 pandemic
Sponsors: Mark Gjonaj
Council Member Sponsors: 1
Summary: This bill would prohibit food service establishments from filling a customer’s personal reusable food or beverage container with food or beverages provided by such establishment during the COVID-19 pandemic. This bill would also prohibit food service establishments from allowing a customer to fill their own personal reusable food or beverage container with food or beverages provided by such establishment. This bill would not apply to the use of reusable bags. The penalty for a violation would be $250.
Attachments: 1. Summary of Int. No. 1999, 2. Int. No. 1999, 3. July 28, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 7-28-20

Int. No. 1999

 

By Council Member Gjonaj

 

A Local Law to amend the administrative code of the city of New York, in relation to filling personal food or beverage take-out containers during the COVID-19 pandemic

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 15 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-508 to read as follows:

§ 17-508 Personal food and beverage take-out containers. a. Definitions. As used in this section, the following terms have the following meanings:

COVID-19 state disaster emergency. The term “COVID-19 state disaster emergency” means the state disaster emergency declared by the governor of New York in executive order number 202 issued on March 7, 2020 or any executive order renewing or extending such emergency.

Food service establishment. The term “food service establishment” has the meaning ascribed to such term by section 81.03 of the New York city health code or any successor provision.

b. Notwithstanding any contrary provision of law or rule, during the pendency of the COVID-19 state disaster emergency:

1. No food service establishment shall fill a customer’s personal food or beverage take-out container with a food or beverage prepared, sold or offered for sale by such food service establishment.

2. No food service establishment shall allow a customer to fill a personal food or beverage take-out container while on the premises of such food service establishment.

c. The provisions of subdivision b of this section do not apply to a bag for the purpose of carrying goods as described in subdivision 2 of section 27-2803 of the environmental conservation law.

d. A food service establishment that violates any provision of subdivision b of this section is subject to a civil penalty of $250 per violation.

§ 2. The commissioner of health and mental hygiene shall publicize the requirements of this local law to food service establishments.

§ 3. This local law takes effect immediately.

 

 

 

 

 

 

 

JEF

LS #14645

6/26/2020