New Jersey’s ‘Skip the Stuff’ law goes into effect (See penalties for default)
On August 1, 2026, New Jersey’s “Skip the Stuff” law took effect. The law, which is designed to reduce single-use plastic waste by ending the automatic inclusion of certain disposable items in food orders, was signed by Governor Phil Murphy in January 2026. It is part of New Jersey’s broader effort to tackle the issue of plastic waste and encourage more sustainable dining practices.
The law targets how restaurants provide single-use plastic items including utensils, condiment packets, and napkins to customers. This includes no automatic provision of plastic utensils, and condiment packets, alongside a ban on napkins being included automatically with takeout, delivery, or dine-in orders.
Customers must now specifically ask for these items in person, by phone, or when ordering online, where mobile ordering apps and websites will also default to “no utensils or condiments”. A separate rule effective August 1, 2027 will ban utensils and condiments sold together in packs.
There are some exemptions from this law including K–12 schools for the next five years, licensed healthcare facilities, county and state correctional facilities, food courts temporarily until August 1, 2028, pre-packaged food items with utensils/condiments attached during manufacturing, and single-use sauce cups for dine-in service.
Penalties for restaurants include a warning for first offense, $100 fine for second offense, and up to $250 fine per day within a 12-month period for third and subsequent offenses. Customers are being advised to carry reusable utensils in their bags, cars, or desk drawers, check the box for utensils/condiments if you want them with online orders, and to ask for utensils when picking up or eating in to ensure you get exactly what you need.
The law aims to reduce plastic waste, as over 20 billion single-use plastic utensils and condiments are thrown away annually in New Jersey. It also aims to cut unnecessary costs for businesses buying large amounts of plastic utensils, according to The New Jersey Department of Environmental Protection (NJDEP).
The NJDEP is also encouraging residents to only ask for the items they need, and to consider using reusable utensils whenever possible.
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.
