Nearly three years after Westchester County's "Upon Request" foodware law took effect, the Scarsdale Conservation Advisory Council is pushing local restaurants, delis, and food trucks to make sure they're still following the rules.

The council published a reminder on Saturday, August 1, urging businesses and residents across Scarsdale, Bronxville, and Eastchester to comply with the county ordinance that bars food service establishments from automatically handing out single-use utensils, straws, napkins, condiment packets, cup sleeves, and beverage lids. Customers must ask for each item individually.

Single-use plastic beverage stirrers and splash sticks are banned outright. They cannot be provided at all, though retail stores may still sell them.

What the law requires

The rule, which took effect Sept. 2, 2023, covers every restaurant, deli, food truck, and delivery app order in the county, whether dine-in, takeout, phone, online, or third-party delivery.

When a customer does request an item, the business must provide it individually — no bundled fork-knife-spoon packets dropped into a bag by default.

Establishments must also display a county-provided sign, available in English, Spanish, and Chinese, informing customers that utensils and condiments are available only on request.

The Westchester County Department of Health oversees roughly 4,000 food service establishments countywide, all subject to the law.

Why it matters for local operators

The county frames the law as both an environmental measure and a money-saver. Plastic utensils, straws, and condiment packets cannot be recycled. Their material type and small size jam sorting machinery, so they go straight to the trash. An estimated 40 billion plastic utensils enter the U.S. waste stream each year, according to the Bronxville Green Committee.

For small operators along Pondfield Road in Bronxville, Scarsdale Village's commercial district, and the Eastchester and Vernon Hills corridors, not automatically bagging items that many customers never use can trim supply costs over time.

The Scarsdale Conservation Advisory Council said on August 1 that residents can help by simply not requesting items they don't need, reducing waste while helping small businesses save money.

Fines and enforcement

First-time violations carry a $100 fine, according to the county's single-use waste legislation page. Higher fines apply for repeat offenses.

Ellen Edwards, chair of the Bronxville Green Committee, wrote on the committee's website when the law took effect in 2023: "If you find a business that included single-use items in their delivery, we hope you contact them to remind them of the law. And if you forget to request a needed item, or an item you requested is not in your order, we hope you'll be patient."

Residents who spot a business not complying can call the county's complaint hotline at 914-813-5425 or contact the Westchester County Department of Health at 914-813-5000.