Change in New Jersey: The "Skip the Stuff" law that will transform how you eat out

Starting August 2026, the way you enjoy a meal in New Jersey will change significantly. Restaurants and food establishments will need to adapt how they offer disposable utensils and condiments, responding to a growing concern about marine pollution affecting the state’s coastlines.

Why New Jersey is Taking Action Against Plastic Utensils

The data is alarming. In 2024, volunteers from Clean Ocean Action collected 2,193 plastic forks, knives, and spoons just from New Jersey beaches. Over the past ten years, this number has multiplied: 36,943 single-use utensils have been removed from the state’s coastal waters. This reality prompted lawmakers to take concrete measures.

Senate Bill 3195, publicly known as “Skip the Stuff,” was signed by former Governor Phil Murphy on January 20, 2026, during his final days in office. The law aims to drastically reduce plastic waste associated with prepared food consumption. “This law is an important step toward cleaner beaches and a healthier ocean,” explained Meg Sulzberg, coordinator of Plastic Free Sea at Clean Ocean Action. “It stops pollution at its source. As a result, we expect to see fewer single-use plastic items discarded on beaches and in communities.”

What SB 3195 Means for Restaurants and Customers

SB 3195 establishes a regulatory framework that does not outright ban single-use utensils but restricts their automatic distribution. Driven by Senators Bob Smith and Raj Mukherji, the law clearly differentiates between types of establishments.

For full-service restaurants capable of seating ten or more diners, the rule is clear: providing disposable cutlery and tableware is prohibited. Customers will instead receive reusable, washable utensils that are returned after the meal.

In casual or fast-food venues, the situation is different. They may continue using single-use utensils and condiments, but only if the customer explicitly requests them. This request can be made in person, by phone, through digital platforms, or via authorized dispensers.

For takeout and delivery orders, the same principle applies: establishments can include disposable cutlery only when the consumer explicitly asks for it. Additionally, pre-packaged kits are prohibited. Twelve months after the law takes effect, businesses will no longer be able to offer sets that include multiple utensils or condiment packets together, even if requested. Each item must be provided individually.

Implementation Timeline and Fines in New Jersey

SB 3195 goes into effect on August 1, 2026. Before enforcement begins, the New Jersey Department of Environmental Protection (DEP) is required to develop an informational campaign of at least 180 days to explain the law’s objectives, operation, and benefits.

Once this initial phase is complete, enforcement will begin:

• First violation: formal warning
• Second violation: $100 fine
• Subsequent violations: $250 each

This graduated fine system aims to encourage compliance without severely penalizing establishments during the transition.

Who Is Exempt and Special Exceptions

The legislation includes exemptions for operational reasons. Public and private K-12 schools, hospitals, healthcare centers, and correctional facilities are not required to comply, as they operate under specific food provision protocols.

Food courts have a different treatment. Establishments located within these spaces are granted a temporary exemption of two years from August 2026, meaning they do not need to adapt until August 2028. After that period, these businesses will be subject to the general rules applicable to casual dining establishments, and disposable utensils can only be provided if explicitly requested by the customer.

The impact of this regulation in New Jersey promises to be significant. By transforming how establishments distribute cutlery and condiments, the law aims to reduce the number of plastic items reaching beaches and oceans, setting a model that other states may follow in the near future.