AN ACT to reduce single‑use foodware in take‑out and delivery of prepared meals.

Whereas, single‑use accessories for food service are frequently provided to customers that do not need them, resulting in unnecessary cost to food service operators and unnecessary waste that is costly for local governments to manage; and

Whereas, one trillion disposable foodware items are used in the United States each year, generating nine million tons of waste; and

Whereas, forty percent (40%) of plastics generated are used for packaging purposes, making packaging the number one market for plastics use; and

Whereas, the United States uses more than 36 billion disposable plastic utensils annually. Laid end‑to‑end, this amount of plastic utensils could wrap around the globe 139 times; and

Whereas, four million trees are cut down each year in order to make chopsticks in China. Eliminating forests, our natural carbon sink and providers of habitat and clean air, makes no sense during a climate crisis; and

Whereas, the manufacturing of napkins requires a significant amount of water. For instance, if fifty percent (50%) of the United States' population used three paper napkins per day, that would total 450 million napkins for one day, which would require 31.5 million gallons of water to manufacture; and

Whereas, many single‑use foodware accessories are made from plastic, and as much as 23 million metric tons of plastic waste enter the ocean each year, most of it generated in the United States; and

Whereas, the amount of plastics in the ocean is projected to exceed the number of fish by 2030; and

Whereas, the vast majority of these single‑use foodware accessory items are problematic in the waste stream because they are not recyclable. Even when manufactured from recyclable materials, food packaging is usually too dirty to be recycled. Utensils and straws are contaminated in many recycling systems. Plant‑based foodware and utensils are often considered contaminants in commercial compost facilities. Bio‑plastics do not degrade quickly enough, and paper and other fibers dilute the quality of compost; and

Whereas, restaurants in the United States spend $24 billion purchasing disposable foodware items each year; and

Whereas, local governments in the United States spend $6 billion managing disposable foodware waste; and

Whereas, it is in the interest of the health, safety, and welfare of all who live, work, and do business in the State of North Carolina that the amount of litter on public streets, parks, and in other public places be reduced and the amount of single‑use foodware accessory waste be reduced; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:

Part 2J. Single‑Use Foodware and Condiments.

§ 130A‑309.235.  Definitions.

Unless a different meaning is required by context, the following definitions apply throughout this Part:

(1)        Food establishment. – An establishment that prepares and serves food or drink as regulated pursuant to Part 6 of Article 8 of this Chapter.

(2)        Prepared food. – Food or beverages that are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise prepared by a food establishment in a form that is edible without additional preparation. Prepared food does not include raw eggs or raw, butchered meats, fish, or poultry sold from a butcher case, refrigerator case, or similar retail appliance.

(3)        Single item dispenser. – A device that stores bulk amounts of single‑use foodware or standard condiments and dispenses one item at a time.

(4)        Single‑use. – Designed to be used once and then disposed, and not designed for repeated use and sanitizing.

(5)        Single‑use foodware. – A single‑use accessory provided alongside prepared food, including utensils, tongs, chopsticks, napkins, standard condiments, straws, stirrers, splash sticks, cocktail sticks, toothpicks, cup lids, cup sleeves, cup trays, and food trays.

(6)        Standard condiment or condiment. – A single‑use packet containing relishes, spices, sauces, confections, or seasonings; that requires no additional preparation; and that is used on food or beverages, including ketchup, mustard, mayonnaise, soy sauce, sauerkraut, salsa, syrup, jam, jelly, salad dressing, salt, sugar, sugar substitutes, pepper, and chili pepper.

(7)        Third‑party food delivery platform. – A person that operates a website or mobile application through which a consumer can order prepared food from a food establishment for pickup or delivery.

(8)        Utensil. – An instrument used to serve or eat food, including forks, spoons, knives, sporks, and chopsticks.

§ 130A‑309.236.  Consumer opt‑in for single‑use foodware.

(a)        Except as provided in G.S. 130A‑309.237, a food establishment shall not provide any single‑use foodware or standard condiments to consumers for on‑premises dining, take‑out, and delivery orders, or when using a third‑party food delivery platform, unless the consumer requests the single‑use foodware or condiment.

(b)        A food establishment shall not bundle or package single‑use foodware or standard condiments in a manner that prevents consumers from taking only the type of single‑use foodware or condiment desired without having to take a different type of single‑use foodware or condiment.

(c)        A third‑party food delivery platform shall not allow consumers to use the platform to place orders from a food establishment without providing an option on the platform for consumers to request single‑use foodware or standard condiments from the food establishment.

§ 130A‑309.237.  Exceptions.

(a)        For delivery orders, food establishments may include specific accessories such as cup lids, spill plugs, and trays in order to prevent spills or otherwise deliver food and beverages safely.

(b)        This Part shall not be construed to prohibit a food establishment from making standard condiments available to consumers using refillable single item dispensers.

§ 130A‑309.238.  Liability; enforcement.

(a)        If the Department finds that a food establishment has failed to comply with the requirements of this Part, the Department may issue a written notice to the food establishment of its findings and direct the food establishment to take remedial action to comply with the requirements of this Part. The Department shall allow the noncompliant food establishment 60 calendar days from the receipt of the notice of noncompliance to demonstrate compliance to the satisfaction of the Department. If after 60 calendar days following receipt of the notice of noncompliance the food establishment fails to demonstrate compliance with the requirements of this Part, the Department may impose administrative penalties against the food establishment pursuant to G.S. 130A‑22(a). Third‑party food delivery platforms are not liable for the failure of a food establishment to comply with this Part.

(b)        If the Department finds that a third‑party food delivery platform has failed to comply with the requirements of this Part, the Department may issue a written notice to the third‑party food delivery platform of its findings and direct the third‑party food delivery platform to take remedial action to comply with the requirements of this Part. The Department shall allow the noncompliant third‑party food delivery platform 60 calendar days from the receipt of the notice of noncompliance to demonstrate compliance to the satisfaction of the Department. If after 60 calendar days following receipt of the notice of noncompliance the third‑party food delivery platform fails to demonstrate compliance with the requirements of this Part, the Department may impose administrative penalties against the third‑party food delivery platform pursuant to G.S. 130A‑22(a). Food establishments are not liable for the failure of a third‑party food delivery platform to comply with this Part.

(c)        The Department shall establish and maintain an online portal by which individuals can report violations of this Part to the Department.

§ 130A‑309.239.  Local government authority not preempted.

Nothing in this Part shall be construed as limiting the authority of any local government to adopt ordinances that restrict the provision of single‑use foodware by food establishments or third‑party food delivery platforms.

SECTION 2.  G.S. 130A‑22 reads as rewritten:

§ 130A‑22.  Administrative penalties.

(a)        The Secretary of Environmental Quality may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Environmental Management Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed fifteen thousand dollars ($15,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A‑290 or involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b). For violations of Part 2J of Article 9 of this Chapter, the penalty shall not exceed one hundred dollars ($100.00) per day. For violations of Part 7 of Article 9 of this Chapter and G.S. 130A‑309.10(m): (i) a warning shall be issued for a first violation; (ii) the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environmental Quality shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator.

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SECTION 3.  This act becomes effective July 1, 2025, and applies to violations committed on or after that date.