LOCAL LAW _ OF 2026 REQUIRING FOOD SERVICES ESTABLISHMENTS TO PROVIDE SINGLE-USE FOODWARE AND CONDIMENT PACKETS ONLY UPON REQUEST

ENVIRONMENT RESOLUTION NO. 2026086 RE: LOCAL LAW NO. _ OF 2026, A LOCAL LAW REQUIRING FOOD SERVICE ESTABLISHMENTS TO PROVIDE SINGLE-USE FOODWARE AND CONDIMENT PACKETS ONLY UPON REQUEST Legislators KAUL, VALDES SMITH, MUNN, ALEXANDER, BRENDLI, DRAGO, KEARNEY, LAWLER, REDL, RHODES, SHAH and WINSBY offer the following and move its adoption: RESOLVED, that the Legislature of the County of Dutchess adopted Local Law No. _ of 2026, which has been submitted this date for consideration by said Legislature. APPROVED Susan / serio SUSAN J. SERINO COUNTY EXECUTIVE Doo May 28.2026 STATE OF NEW YORK COUNTY OF DUTCHESS sS: 2010 and that the same is a true anc correct transcript of said original resolution and of the whole thereof. IN WITNESS WITEREOP, I have hereunto setmy hand and scal of said legislature this day of 11442024 RESOLUTION NO. ___ 2026 LOCAL LAW NO. ___ OF 2026 COUNTY OF DUTCHESS A LOCAL LAW REQUIRING FOOD SERVICE ESTABLISHMENTS TO PROVIDE SINGLE-USE FOODWARE AND CONDIMENT PACKETS ONLY UPON REQUEST BE IT ENACTED by the County Legislature of the County of Dutchess, State of New York, as follows: SECTION 1. TITLE This law shall be known as the "Dutchess County Single-Use Foodware Reduction Law. " SECTION 2. LEGISLATIVE INTENT AND FINDINGS Dutchess County has taken significant steps in environmental stewardship, including banning polystyrene foam disposable food service ware through Local Law No. 5 of 2017 and plastic bags through Local Law No. 6 of 2018. The County has further demonstrated its commitment to waste reduction through an amendment to the 2025 budget that allocates funding for a comprehensive waste reduction study. Waste generation has been steadily increasing in Dutchess County, and New York State faces an imminent waste management crisis. The state's remaining landfills are projected to have only 16 years of capacity. The Dutchess County Legislature finds that single-use foodware items, including plastic utensils, napkins, condiment packets, and beverage accessories, contribute significantly to environmental pollution and waste. The United States uses over 100 million plastic utensils daily and discards billions of single-use condiment packets annually, with most ending up in landfills, incinerators, or as litter in waterways and natural areas. Plastic production relies on fossil fuels, and plastic waste takes centuries to decompose while breaking down into harmful microplastics that threaten drinking water supplies, wildlife, ecosystems, and potentially human health. Less than 10 percent of all plastics produced have been recycled, while nearly 80 percent have ended up in landfills or the environment. By making single-use foodware items available only upon request, this law aims to reduce unnecessary waste, conserve resources, decrease pollution, and empower consumers to make environmentally conscious choices. This law will also help local businesses, particularly small businesses, reduce costs associated with providing unrequested single-use items. These cost savings can be significant - businesses can save hundreds to thousands of dollars annually by eliminating unnecessary single-use items, reducing their operational expenses while also contributing to environmental protection. The Dutchess County Legislature recognizes that sustainable change is best achieved through collaboration, education, and positive incentives rather than punitive measures. This law is designed to support food service establishments in their transition to more sustainable practices. This law is intended to reduce the amount of waste produced in the county, protect and enhance the natural environment of Dutchess County, preserve its resources for current and future generations, and benefit the health, safety, and welfare of County residents. SECTION 3. DEFINITIONS As used in this law, the following terms shall have the meanings indicated: "Beverage stirrer" shall mean a device primarily intended to be used to mix beverages. "Beverage splash stick" shall mean a device primarily intended to be used to keep heat and liquid from escaping a lidded cup. "Condiment packet" shall mean an individual single-service container, sealed by the manufacturer, containing a sauce or other substance used to enhance the flavor of food, including but not limited to, mustard, ketchup, mayonnaise, soy sauce, hot sauce, salt, pepper, and salad dressing. "Dine-in" shall mean food or beverage provided by a food service establishment to be consumed on the premises. "Food service establishment" shall mean any establishment located within the County of Dutchess and permitted by the County of Dutchess that sells or provides prepared food or beverages for consumption on or off its premises, including but not limited to restaurants, cafes, bars, take-out food operations, caterers, cafeterias, and mobile food vendors. Food service operations regulated by the New York State Department of Agriculture & Markets are exempt from this law for practical and jurisdictional reasons. “Plastic” shall mean a synthetic material made from organic polymers, including, but not limited to, polypropylene and polystyrene, that can be molded into shape while soft, and then set into a rigid or slightly elastic form. "Self-service station" shall mean a designated area or mechanical dispenser in a food service establishment where customers may help themselves to single-use foodware or condiment packets. "Single-use foodware" shall mean any eating utensil or other item used as part of food or beverage service that is designed and intended by the manufacturer for only one use before being discarded, including, but not limited to, forks, spoons, sporks, knives, chopsticks, beverage straws, beverage stirrers, beverage splash sticks, cocktail sticks, toothpicks, napkins, wet-wipes, cup sleeves, beverage trays, beverage lids, empty plates, empty bowls, and empty cups. For the purposes of this law, "single-use foodware" does not include containers actively holding food or beverages, such as plates, bowls, and cups. "Take-away" shall mean food or beverage provided by a food service establishment or retail food store to be consumed off the premises, including same-day delivery or same-day pickup of food and beverages. "Third-party food delivery service" shall mean any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, a food service establishment; and that is owned and operated by a person other than the person who owns such food service establishment. SECTION 4. RESTRICTIONS ON SINGLE-USE FOODWARE AND CONDIMENT PACKETS A. No food service establishment or retail food store shall provide single-use foodware, or condiment packets to any dine-in or take-away customer, whether directly to such customer or through a third-party food delivery service, unless the customer requests such single-use foodware or condiment packets. B. Notwithstanding requests for single-use foodware or condiment packets by any dine-in or take-away customer, no food service establishment shall provide, in a self-service station or otherwise, single-use foodware or condiment packets that are bundled or packaged in a manner that prohibits a dine-in or take-away customer from taking only the type of single-use foodware item or condiment packet desired. SECTION 5. ORDERING OPTION REQUIREMENTS A. Food service establishments that supply single-use foodware or condiment packets shall provide options to allow a customer to affirmatively request applicable single-use foodware or condiment packets when ordering dine-in or take-out food and beverages across all ordering or point of sale platforms, including through in-person, telephone, and electronic orders. B. For electronic orders, the default selected option shall be that no single-use foodware or condiment packets are requested. C. The food service establishment shall coordinate with any third-party food delivery service, as necessary, to prompt the customer to affirmatively request single-use foodware or condiment packets as applicable. SECTION 6. NOTIFICATION REQUIREMENT A. Each food service establishment that provides single-use foodware and/or condiment packets shall post at least one sign in a location easily visible to each customer which shall state: "PLEASE ASK FOR SINGLE-USE FOODWARE ITEMS AND CONDIMENT PACKETS." Items mentioned above that are not offered by the establishment shall not be included in signage. B. Such a sign shall be posted in a conspicuous area on the premises in a manner that is clearly visible to customers approaching a point of service. C. The sign shall be at least two inches by seven inches, and text on the sign shall be no smaller than 21-point font size and in a contrasting color to the background. D. Signs shall be protected from tampering, damage, removal, or concealment. SECTION 7. EXEMPTIONS The following situations are exempt from the restrictions set forth in this law: A. Food service establishments may allow customers to access a self-service station for single-use foodware and/or condiment packets, provided that such items are not bundled or packaged together in a manner that prohibits a customer from taking only the type desired. B. For take-away orders, food service establishments and/or third-party food delivery services may choose to include specific single-use foodware, such as beverage lids and beverage trays, in order to prevent spills and ensure safety. C. Food service establishments may provide single-use foodware or condiment packets that are prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food service establishment. D. Food service establishments may provide single-use foodware or condiment packets with free or reduced-price meals as part of a charitable program or donation, including, without limitation, free or reduced-price meals provided by school systems, homeless shelters, and programs that deliver meals. E. Food service establishments may provide single-use foodware items or condiment packets pursuant to a state of emergency declared by appropriate authorities. F. Hospitals, health-care facilities, and congregate care facilities (including nursing homes, assisted living facilities, hospice facilities, rehabilitation facilities, correctional facilities, and residential treatment centers) may provide single-use foodware or condiment packets, including those that are bundled or packaged together, to their patients and/or residents. SECTION 8. COMPLIANCE ASSISTANCE The Department of Health, in coordination with the County Executive's office, shall develop and distribute multilingual resources and materials to assist business owners in complying with this law. SECTION 9. ENFORCEMENT A. Authority. The Commissioner of the Department of Health shall have oversight of this law and is authorized to promulgate rules and regulations and to take any action reasonable and necessary to ensure compliance, including providing assistance, investigating potential violations, and entering the premises of any establishment during business hours. Enforcement shall be administered in accordance with the Dutchess County Sanitary Code enforcement process. B. Progressive Compliance. 1. Implementation Period. During the first eighteen (18) months following the effective date of this law, the Department shall focus exclusively on education and outreach. No penalties shall be assessed during this period. An establishment found to be out of compliance shall receive a Compliance Assistance Notice identifying the applicable requirements and shall be provided a follow-up visit to verify compliance. 2. Penalty Recommendation. No later than fifteen (15) months following the effective date of this chapter, the Commissioner shall submit to the Chair of the Legislature a recommendation regarding the imposition of penalties for noncompliance and the appeal process, so that such penalties and the appeal process may take effect upon the expiration of the implementation period. 3. Full Enforcement. Upon the expiration of the implementation period, the Department of Health shall enforce and administer the requirements of this chapter, including the imposition of any penalties and the appeals process adopted pursuant to subdivision B (2) of this section. SECTION 10. SEQRA DETERMINATION It is hereby determined, pursuant to the provisions of the State Environmental Quality Review Act, 8 NYECL Section 0101 et seq., and its implementing regulations, Part 617 of 6 NYCRR, that the adoption of this local law is a "Type II" Action within the meaning of Section 617.5(c)(20) and (27) of 6 NYCRR, and, accordingly, is of a class of actions which do not have a significant impact on the environment and no further review is required. SECTION 11. APPLICATION This Local Law shall apply to all actions occurring on or after the effective date of this law. SECTION 12. SEVERABILITY If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. SECTION 13. REVERSE PREEMPTION This article shall be null and void on the day that statewide law goes into effect, incorporating either the same or substantially similar provisions as are contained in this Article, or in the event that a pertinent state agency issues and promulgates regulations preempting such action by the County of Dutchess. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section. SECTION 14. EFFECTIVE DATE This local law shall become effective 180 days after its filing in the Office of the Secretary of State pursuant to the applicable provisions of the Municipal Home Rule Law and shall apply to all transactions occurring on or after such date. DUTCHESS COUNTY DEPARTMENT OF LAW CAROLINE E. BLACKBURN, COUNTY ATTORNEY County Office Building 22 Market Street Poughkeepsie, New York 12601 Tel. (845) 486-2110 • Fax (845) 486-2002 MEMORANDUM: TO: FROM: DATE: SUBJECT: AnneMarie Andrews, Executive Secretary, County Executive's Office Caroline E. Blackburn, County Attorney C6 May 27, 2026 Public Hearing for a Local Law Requiring Food Service Establishments to Provide Single-Use Foodware and Condiment Packets Only Upon Request Resolution No. 2026086 Our File No. G-1993 The following original documents are attached: sign in sheet, opening statement, and notes on the public hearing. CEB/rjw Enc. NOTES ON PUBLIC HEARING Resolution No. 2026086 May 27, 2026 The public hearing was declared open at 10:05 a.m. by the presiding officer, Caroline E. Blackburn, County Attorney, the designated hearing officer for County Executive Susan J. Serino. The Legal Notice invited interested parties to be heard concerning: A Local Law Requiring Food Service Establishments to Provide Single-Use Foodware and Condiment Packets Only Upon Request. Please note the appearances on the sign in sheet. There were no statements made, submissions or requests to send in written statements. The Public Hearing was declared closed at 10:12 a.m. Caro ED Caroline E. Blackburn, County Attorney Designated Hearing Officer for: Susan J. Serino, Dutchess County Executive 5/28/26 Date OPENING STATEMENT BY CAROLINE E. BLACKBURN May 27, 2026 at 10:00 a.m. Good morning. I am Caroline E. Blackburn, County Attorney. As County Attorney I have been assigned to conduct this hearing on behalf of the County Executive. A summary of all oral testimony and the original documentation of any written testimony presented shall be provided to the County Executive for her review and consideration. The purpose of this public hearing is to receive comments from the public regarding a local law enacted by the Dutchess County Legislature on May 11, 2026. This local law requires food service establishments to provide single-use foodware and condiment packets only upon request. All those who wish to speak will be allowed 3 minutes each. You may also submit a written statement today if you wish. All comments must be confined to the local law. I am here today to listen to you; accordingly, there will be no discussion or question and answer period. Please note that these proceedings will be audio taped. Please state your name and address before making a statement. If you have not already done so, please enter your name and address on our "sign-in" sheet. You will be called in the order you signed in. In order to move things along, note the names called before yours. Elected officials will be last. Before we begin public comment, let the record show that notice of this hearing was published once in the Poughkeepsie Journal on or before May 20, 2026 and once in the Southern Dutchess News on or before May 20, 2026. We will now open the hearing for comment. NAME (PRINT) Yuette Valde's Smil CaraMasters Jule Shiro shi Lisa Kaul SIGN IN SHEET # 1 OF / Local Law Requiring Food Service Establishments to Provide Single-Use Foodware and Condiment Packets Only Upon Request located at 22 Market Street, Poughkeepsie, New York 12601 PUBLIC HEARING, May 27, 2026 at 10:00 a.m. PLEASE PRINT CLEARLY ADDRESS (PRINT) 36 Magnolia Dr. Wappinges Falls NY 13 Greenst. Beacon Ny 12508 1234. Willow st. Beacon NY 12508 74 Boardman Rd. Poughkeepsie, NY 1260} PHONE 845742 7330 845-745- 2932 377-678 ORGANIZATION OR AFFILIATION (IF ANY) Deleg. DCLOS 845- 309-4507 5o1 WISH TO SPEAK (YES OR NO) NO' NO NO SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Affidavit of Publication TO: DUTCHESS COUNTY EXECUTIVE'S OFFICE 22 MARKET STREET POUGHKEEPSIE, NY 12601 Re: Legal Notice #62476 PUBLIC HEARING 5/27126 LOCAL LAW RESOLUTION 2026086 State of NEW YORK SS: County of DUTCHESS ) The undersigned is the publisher of Southern Dutchess News, a weekly newspaper published in WAPPINGERS FALLS, NEW YORK. A notice regarding PUBLIC HEARING 5/27/26 LOCAL LAW RESOLUTION 2026086 was published in said newspaper once on 5/20/26. The text of the notice as published in said newspaper is as set forth below. Legal Notice Resolution 2026086 May 15, 2026 NOTICE IS HEREBY GIVEN that a public hearing will be held by the County Attorneyof Dutchess County in the County Office Building, County At- torney's Conference Room, 5th Floor, 22 Market Street, Pough- keepsie, New York, on the 27th day of May 2026 at 10:00 a.m. on the following Local A LOCAL LAW RE- QUIRING FOOD SERVICE ESTAB- LISHMENTS TO PROVIDE SINGLE- USE FOODWARE AND CONDIMENT PACKETS ONLY UPON REQUEST. Atsaidtime andplace, all parties interested will be heard. Dated: May 15, 2026 Poughkeepsie, NY Susan Serinc Dutchess County Executive ALBERT M. OSTEN, Publisher By: AUDREY SNIDER Authorized Designee of the Publisher Sworn to before me this 20th day of May, 2026. NANCY HYDUKE ancy duke Notary Public, State of NEW YORK No. 01HY6221990 Qualified in DUTCHESS County My commission expires on September 26, 2026 12340814, 1123873 AFFIDAVIT OF PUBLICATION State of New York ounty/of Dutche 4 knot _ being duly sworn, deposes and says she is the Principal Clerk of The Poughkeepsie Gannett Newspaper Subsidiary, publishers of following newspaper and published in the County o utchess and the State of New York, of which annexed is a printed copy, out from said newspaper has been published in sai newspaper editions dated: 05/20/2026 Subscribed and sworn to before me this 20 day of May, 2026 Notary Public State of Wisconsin, County of Brown delicay VICKY FELTY Notary Public State of Wisconsin 919.29441 2/3 Legal Notice Resolution 2026086 May 15, 2026 PONE ARE ONLY ON EUP A AND heardid time and place, all parties interested will be ated: May 15, 202 oughkeepsie, N 12340814 Susches County Executive FISCAL IMPACT STATEMENT A. [ ] NO FISCAL IMPACT PROJECTED X APPROPRIATION RESOLUTIONS (To be completed by the requesting department) Total Current Year Cost $ 0_________________________________________ Total Current Year Revenue $ _______________________________________________ and Source Source of County Funds (check one): A. Existing Appropriations B. Additional Appropriations A. Contingency B. Other (explain) Identify Line Item(s): C. Transfer of Existing Appropriations Related Expenses: Amount $ __________ Nature/Reason: Anticipated Savings to County: _______________________________________________ Net County Cost (this year): _______________________________________________ Over Five Years: _______________________________________________ Additional Comments / Explanation: The Department of Health will perform the education and enforcement function of this legislation within their current inspection and complaint processes and policies. There will not be the need for additional staff resources or other related costs. Prepared by: __Lisa R. Kaul _______________________________Prepared On: _April 9, 2026__________ Environment Committee Roll Call District Name Yes No District 16 - Fishkill and Beacon Valdés Smith* X District 9 - City of Poughkeepsie Atkins* X District 20 - Red Hook, Tivoli, and Rhinebeck Munn* X District 3 - LaGrange Polasek* X District 12 - East Fishkill Metzger* X District 1 - Town of Poughkeepsie Redl X District 5 - Town of Poughkeepsie Shah X District 6 - Town of Poughkeepsie Kaul (C) X District 13 - East Fishkill and Wappinger Giles X District 14 - Wappinger and Town of Poughkeepsie Winsby (VC) X District 21 - East Fishkill Caswell X District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander ABSENT 11 Present: ____ 1 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 11 Total : ______ ______ Yes No Abstentions: ______ 2026086 RE: LOCAL LAW NO. __ OF 2026, A LOCAL LAW REQUIRING FOOD SERVICE ESTABLISHMENTS TO PROVIDE SINGLE-USE FOODWARE AND CONDIMENT PACKETS ONLY UPON REQUEST Roll Call Sheets District Last Name YES NO District 16 - Fishkill and Beacon Valdés Smith District 9 - City of Poughkeepsie Atkins District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill Metzger District 1 - Town of Poughkeepsie Redl District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Arnoff District 4 - Hyde Park and Town of Poughkeepsie Lawler District 5 - Town of Poughkeepsie Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell District 22 - Beekman and Union Vale Tresca District 23 - Pawling, Beekman and East Fishkill Rolison District 24 - Dover and Pawling House District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander X X X X X X X X X X X X ABSENT X X X X X X X X X X X X 24 Present: ____ 1 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 24 Total : ______ ______ Yes No Abstentions: ____ CONSENT AGENDA: RESOLUTIONS 054, 064, 065, 066, 067, 068, 069, 070, 071, 072, 074, 075, 078, 079, 080, 081, 083, 084, 086, 087, 088 OF THE YEAR 2026