Bill to restrict plastic utensils advances
Some senators push back over effect, enforcement
By: Katie Sobko
NorthJersey.com
USA Today Network - New Jersey
..... New Jersey's war on plastic continues.
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With plastic bags a thing of the past, the state Legislature has set its sights on a new target.
..... The days of finding a uprise fork and knife in the bottom of a takeout bag may soon be history if a bill sponsored by state senators Bob Smith and Raj Mukherji keeps moving through the Legislature.
..... The legislation cleared the state Senate Budget and Appropriation committee on December 8, [2025] but not without a bit of push-back from committee members.
..... State Sean tor Declan O'Scanlon, the Monmouth County Republican who serves as the minority budget officer, expressed concern about the impact the fines would have on small businesses throughout the state.
..... "These are small mom and pop shops," O'Scanlon said. "A thousand-bucks is going to crush them."
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Similarly, Senate Majority Leader Teresa Ruiz abstained from voting because although she supports the intentions of the bill, she does not like it in its current form.
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"We want to mover to a more resilient, a more resourceful way that we are nonconducting business hat protects my daughter in the future. However, I have severe concerns sill in this," she said.
..... Ruiz went on to say the "intent is phenomenal" but the "approach is not good."
..... "Like with everything, no one watches what is going on," she said, noting that in the aftermath of the plastic bag ban, it's unclear whether there have been any fines for continued use.
..... Ruiz and Sarlo both noted that the state should have been, in retrospect, more inclined to keep paper bags in circulation when the ban went into effect, because they can be more readily recycled or re-purposed.
..... The new bill the business community and the environmental lobby, thought, and state Senator Paul Sarlo, the budget committee chair, thanked his staff for working with Smith;s office to bring the two sides together in support of the legislation.
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Brooke Hlmick, policy director for the New Jersey Environmental Justice Alliance, spoke in support of the bill because it is a "cost saving choice for restaurant food services" and is also in "line with principles of environmental justice.
..... The bill is both an environmental and affordability measure, said Brian Thompson of the Monmouth Beach environmental Commission.
..... Thompson said that in addition to the savings for restaurants, the bill would cerate savings for taxpayers, beaus it would cut down on the litter that clogs storm drains, creating all sorts of problems for municipalities.
..... He noted that more than 100 million pieces of plastic cutlery are discard daily throughout the country.
How would a ban work?
..... The bill prohibit food service businesses form giving customers single-use utensils or condiments unless they ask for them. It's not just plastic forks and knives, though they are the most prevalent single-use option. including chopsticks, made of any material are included in the bill.
..... Businesses that can seat more than 50 customers would have to give on-site customs reusable washable utensils, which the customer would have to return after dining for cleaning and reuse.
..... If a customer request utensils or condiments, they would revive only specifically what they asked for, and business would not allowed to bundle utensil or condiment packages that contain more than one type of single-use plastic utensil or condiment.
..... Businesses that violate the regulations would first receive a warning and then incrementally higher fines for subsequent offenses. The fines would be deposited into a Clean Communities Program Fund except for 30%, which wildfowl remain with certified municipality and county environmental enforcement agencies.
..... Schools would have a five-year exemption, and businesses in food courts would have a two-year exemption. Health care facilities would be exempt dewing an outbreak of an infelicitous disease or during outdoor recreational activities and family picnics.
..... A companions bill has been introduce in the Assembly but has not been heard in committee in the lower chamber yet. It would need to clear committee there and then ass floor votes in both hoses before making its way to the governor's desk.
..... Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com