Businesses, schools not happy with NJ proposal to limit plasticware

⚫ A proposed law says you can't automatically receive plastic utensils

⚫ The same bill says certain restaurants must distribute only reusable utensils

⚫ Schools say the move would be costly, and possibly dangerous

New Jersey legislators have given the green light to a proposed law that would limit how easily you can get your hands on plastic and other disposable utensils when you order takeout or delivery.

Under the same measure, only reusable utensils can be distributed to patrons on site at many spots: a proposal that's not sitting well with New Jersey schools.

The bill, advanced by the Senate Environment and Energy Committee on Thursday, says that any "food service businesses" with a seating capacity of 50 or more are not allowed to provide on-site customers with single-use cutlery. The tools need to be reusable and washable.

"We just feel that this requirement may not be feasible or practical for all of New Jersey's public schools," said Jonathan Pushman, senior director of advocacy for the New Jersey School Boards Association.

Among new amendments to the measure is a five-year implementation delay for schools, whose cafeterias are considered a "food service business." But Pushman and other advocates want to see schools removed from the bill completely.

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Metal alternatives may be more eco-friendly than plastic, but parents may not want their children using them for safety reasons, Pushman said.

Lawmakers were told that such a mandate should only be handed down if there's a financial appropriation that comes along with it.

"There's a high likelihood that many of these utensils are going to be lost or disposed of by students, whether intentionally or accidentally, which further calculates the cost efficiency of this type of program," said Jennie Lamon, assistant director of government relations for the New Jersey Principals and Supervisors Association.

Legislators on the panel were surprised to hear continued pushback from school advocates on Thursday.

"What lesson are our schools teaching our kids if we're having them use wasteful, disposable plasticware?" said Sen. Bob Smith, D-Middlesex, chair of the committee and sponsor of the measure.

Ray Cantor, deputy chief government affairs officer for the New Jersey Business & Industry Association, insisted the utensil mandate would be costly for food establishments — many shops aren't equipped with tools that can clean these items on a large scale.

"It's not practical, it'll drive up costs," Cantor said.

Skip the stuff

The main component of the bill passed on Thursday is the requirement that food retailers only distribute single-use utensils and condiments to customers who request them.

More than a dozen municipalities in the state, including Hoboken and Jersey City, have their own "skip the stuff" ordinances on the books. Smith's bill looks to take the mandate statewide.

"If you don't ask for the plasticware, it's not automatically put into your takeout bag," Smith said.

Smith's bill has been amended to allow for a warning when an entity is first cited for a violation. After that, violators face hefty fines.

Also, the bill was changed to note that utensils promoted as "eco-friendly" can't replace plasticware — absolutely no single-use utensils can be distributed voluntarily by a business.

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