How 'Skip The Stuff' Law Changes Restaurant Orders in New Jersey

0 Share Newsweek is a Trust Project member See more of our trusted coverage when you search. Prefer Newsweek on Google to see more of our trusted coverage when you search. New Jersey residents ordering takeout or delivery may notice a change the next time they receive a restaurant order.

Under the state's new "Skip the Stuff" law, restaurants can no longer automatically include many common single-use items such as plastic utensils, condiment packets and plastic straws.

The law , signed by Governor Phil Murphy in January 2026, officially took effect on August 1 as part of New Jersey's broader effort to reduce plastic waste and encourage more sustainable dining practices.

The legislation applies to restaurants, diners, cafes, coffee shops, food trucks, drive-thrus and food delivery services throughout New Jersey .

Under the new rules, food service businesses may provide single-use utensils, condiment packets and plastic straws only when customers specifically request them. Online ordering systems and third-party delivery platforms must default to providing no utensils or condiments unless a customer opts in.

The New Jersey Department of Environmental Protection (NJDEP) says the goal is simple: "Reduce waste by only taking what you actually need."

The law builds on previous state measures aimed at reducing single-use plastics, including New Jersey's 2022 ban on single-use plastic carryout bags and polystyrene foam food containers, as well as restrictions on plastic straws, which have been in place since 2021.

For consumers, the biggest change is that disposable items will no longer arrive automatically with takeout or delivery orders.

Customers who need forks, knives, spoons, chopsticks, condiment packets, or plastic straws must request them when placing an order. For app-based and online orders, customers will need to actively select those items rather than receiving them by default.

The NJDEP is encouraging residents to only ask for the items they need, and to consider using reusable utensils whenever possible.

Restaurants will need to adjust their ordering and fulfillment procedures to comply with the new requirements.

According to NJDEP guidance, businesses now can’t automatically add single-use utensils, plastic straws, or condiment packets to orders. Instead, businesses may provide only the specific items requested.

Full-service restaurants with seating for at least 10 customers will also now face additional requirements.

Diners eating on-site must be provided reusable, washable utensils instead of disposable cutlery. Condiments should be served in bottles or reusable containers rather than individual packets whenever applicable.

State officials and environmental groups have pointed to the growing amount of plastic waste generated by takeout and food delivery services.

According to the NJDEP, an estimated 95 percent of food packaging is discarded after a single use, contributing to plastic pollution that harms more than 260 species, including marine mammals, sea turtles and seabirds.

The department says reducing unnecessary distribution of disposable items can help decrease litter, lower landfill waste and reduce demand for single-use plastics.

The agency also notes that single-use plastic utensils can shed microplastics , which may enter the food people consume. Encouraging reusable alternatives, officials say, can reduce plastic exposure while cutting waste.

Permanent exemptions exist for public and private K-12 schools, licensed health care facilities, and county or state correctional facilities. Food court vendors have a temporary exemption until August 1, 2028.

Businesses that violate the law face escalating penalties. Under NJDEP guidance, a first violation results in a warning, a second violation may bring a fine of up to $100 per day, and third and subsequent violations may result in penalties of up to $250 per day.

With the law now in effect, New Jersey joins a growing number of jurisdictions seeking to reduce plastic waste by changing a simple but familiar part of the takeout experience: the automatic inclusion of disposable extras.

Contact Newsweek editors on this story: Tobias Meyjes and Tony Phillips .

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