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

Beginning August 1, 2026, New Jersey residents ordering food for takeout or delivery will experience a notable change. Governed by the state's new "Skip the Stuff" law, restaurants are now prohibited from automatically including single-use items such as plastic utensils, condiment packets, and plastic straws with orders. Signed into law by Governor Phil Murphy in January 2026, the legislation aims to curb plastic waste and promote more sustainable dining practices across the state.

This law applies to various establishments, including restaurants, cafes, coffee shops, food trucks, drive-thrus, and food delivery services. It mandates that food service businesses provide these disposable items only upon a customer's explicit request. Online ordering platforms and third-party delivery services must similarly default to not providing utensils or condiments unless a customer opts in.

The New Jersey Department of Environmental Protection (NJDEP) underscores the goal of reducing waste by only taking what is actually needed.

The legislation is part of a broader New Jersey effort to reduce plastic waste, following previous measures like the ban on single-use plastic bags and polystyrene foam containers in 2022, and restrictions on plastic straws since 2021. For consumers, the most significant change is that disposable items will no longer be included automatically in takeout or delivery orders. Customers must now request forks, knives, spoons, chopsticks, condiment packets, or plastic straws.

Online and app-based orders require customers to actively select these items, rather than receiving them by default. The NJDEP encourages residents to request only the items they need and to consider using reusable utensils. Restaurants must adjust their ordering and fulfillment procedures to comply with these requirements, which now prohibit automatic addition of single-use utensils, straws, or condiment packets to orders.

Full-service restaurants with seating for ten or more customers face additional on-site requirements, including providing reusable, washable utensils instead of disposable cutlery, and serving condiments in bottles or reusable containers. State officials and environmental groups highlight the substantial amount of plastic waste generated by food packaging, which often ends up discarded after single use.

The NJDEP reports that approximately 95 percent of food packaging contributes to plastic pollution, harming over 260 species, including marine mammals, sea turtles, and seabirds.

The department emphasizes that reducing unnecessary distribution of disposable items can decrease litter, lower landfill waste, and minimize the demand for single-use plastics. Microplastics from these items can also enter the food supply, posing potential health risks. Exemptions to the law include K-12 schools, licensed healthcare facilities, and county or state correctional facilities. Food court vendors have a temporary exemption until August 1, 2028.

Non-compliance with the law can result in escalating penalties. According to NJDEP guidance, a first violation triggers a warning, a second violation may result in a fine of up to $100 per day, and third and subsequent violations can incur penalties of up to $250 per day. With this law now in effect, New Jersey joins a growing number of jurisdictions working to reduce plastic waste by altering the seemingly mundane practice of automatically including disposable extras in takeout orders.