Three states now require you to hand out utensils and condiments only when a customer asks for them. If you’re wondering which states require utensils to be requested rather than given automatically, those states are California, Washington, and New Jersey. This has been the case since August 1, 2026, when New Jersey’s law took effect.

We manufacture packaging for QSR, fast casual, travel, and hospitality brands across North America and Europe, so this question reaches our team almost every week. It usually arrives the same way. 

A multi-unit operator opens in a new state, a district manager gets a warning notice from an inspector, and nobody on the team can say for certain whether the rule covers napkins, whether the drive-thru window is exempt, or whether those sealed cutlery kits sitting in the stockroom are still legal to use.

The confusion is understandable, because these laws look similar from a distance and behave very differently up close. They disagree on which items are covered, whether dine-in service counts, what legally qualifies as a customer request, and how much a violation costs you. 

Washington can charge you up to $2,000 for every day you are out of compliance, while California caps your annual exposure at $300, and that gap should change how you prioritise your rollout.

The Three States Where This Is Now Law

As of September 2026, the following places require single-use utensils and condiments on request only.

• California has required it statewide since January 1, 2022, under AB 1276.

• Washington has required it statewide since January 1, 2022, under SB 5022, now written into RCW 70A.245.080.

• New Jersey has required it statewide since August 1, 2026, under S3195.

• Washington, DC has required it since January 1, 2022, for restaurants and since July 1, 2021, for delivery apps.

• New York City has required it since July 31, 2023, under Local Law 17 of 2023.

• Denver has required it since January 2022, and Chicago since January 18, 2022, for takeout and delivery.

• Dozens of smaller towns have their own versions, including Watertown, Massachusetts, which approved an ordinance in April 2026.
  

Two more states came close during 2026, and neither one made it across the line, and those near misses tell you a lot about where the next few years are heading.

How California Started It All

California's AB 1276 took effect on January 1, 2022, and it expanded the state's earlier straws-on-request rule into something far broader that now covers most of what ends up loose in the bottom of a takeout bag.

The law applies to utensils such as forks, knives, spoons and sporks, along with chopsticks, straws, stirrers, splash sticks, cocktail sticks, condiment cups and condiment packets.

It also covers standard condiments including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar and sugar substitutes, so the little packets count just as much as the cutlery does.

The bundling ban is what operators underestimate most often, because you can't package accessories in a way that prevents a customer from taking only the single item they want.

That sealed kit holding a fork, knife, spoon, napkin, and salt packet together in one wrapper does not meet the standard in California, and swapping it out is usually the first real compliance cost.

Third-party delivery platforms carry an obligation of their own, since any restaurant using a delivery app has to customize its menu with a list of available accessories, and only the items a customer actively selects are allowed to go into the bag. If a customer selects nothing at all, they receive nothing at all.

A handful of carve-outs make daily service considerably easier than operators expect.

• Self-serve stations are permitted as long as the items are not bundled or wrapped together.

• Bulk condiment dispensers are explicitly encouraged by the state rather than merely tolerated.

• Staff may ask drive-thru and airport customers whether they want accessories before handing them over.

• Correctional institutions, licensed health care facilities, residential care facilities, and school cafeterias sit outside the law entirely.
  

Penalties in California stay gentle by design, because the first and second violations only bring a written notice, and anything after that costs $25 for each day you remain in violation, with an annual cap of $300. You can read the full requirements on the 

Why Washington Carries the Biggest Fines

Washington started on the same day as California, yet the enforcement math works out completely differently, and that is the single most important thing to know if you run locations in both states.

Under RCW 70A.245.080, you may only provide utensils, straws, condiment packaging, and beverage cup lids after confirming that the customer actually wants them. 

Cup lids are the surprise inclusion here, because no other state in the country reaches that far, although Washington does carve out sensible exceptions for hot beverages, delivery and curbside pickup orders, drive-thru service, and large venues built for professional sport or music events with fixed seating for at least 2,500 people.

Bundled cutlery is banned outright, so any packaging that prevents a customer from taking one type of utensil without also taking another type will fail an inspection.

Now for the part worth writing into your compliance plan, because the Department of Ecology can issue civil penalties of no less than $150 per day and as much as $2,000 per day for every day that products are provided in violation. 

The agency has to send at least two notices of violation by certified mail before assessing anything, and you can appeal to the Pollution Control Hearings Board within 30 days, but that daily ceiling is still the steepest anywhere in the country by a wide margin.

One more detail matters for chains operating across several Washington cities, because local governments there have been barred since July 1, 2021, from passing their own upon-request ordinances. You get one statewide standard instead of a patchwork, which is genuinely good news for anyone building a single packaging spec. 

What Makes New Jersey Different

New Jersey's Skip the Stuff law, filed as S3195 and enacted as P.L. 2025, c. 298, took effect on August 1, 2026, and it reaches further than anything that came before it because it is the first version in the country to touch dine-in service.

Former Governor Phil Murphy signed it in January 2026 as one of his final acts in office, and it followed 63 local ordinances that had already passed across the state. The new state law preempts every one of them, which means your New Jersey locations now answer to a single rule rather than a town-by-town map.

Full-service restaurants with seating for 10 or more customers can no longer give single-use utensils or condiments to anyone dining in, and they have to provide reusable, washable utensils instead. 

Every other food service business, including fast food operators, food trucks, cafes and smaller full-service restaurants with fewer than 10 seats, may provide single-use items on request only. 

Customers also have to specify the type and quantity they want, and you may only hand over the items they actually asked for. Online ordering systems have to default to no utensils and no condiments before a customer touches anything.

A second deadline is already sitting on the calendar, because from August 1, 2027, New Jersey bans bundled packages containing more than one type of single-use utensil or condiment. If your locations there are still ordering combo cutlery kits, that purchasing decision now has a firm expiry date on it.

There are several exemptions and timing details worth knowing before you rewrite your standard operating procedures.

• K-12 schools, licensed health care facilities, and county or state correctional facilities are fully exempt.

• Businesses operating inside food courts are exempt until August 1, 2028.

• Pre-packaged items with utensils attached during manufacturing stay outside the law.

• Single-use portion cups for sauces and dressings remain permitted throughout.
  
  

That final point carries more weight than it first appears, because New Jersey did not outlaw portion service and only outlawed the automatic packet. 

Operators are shifting toward portion cups paired with matching portion cup lids at pickup counters and self-serve stations, since that setup satisfies the request requirement while letting customers take exactly as much sauce as they want. 

The Cities That Moved First

City ordinances still govern large parts of the country, and in several markets they are both older and stricter than anything the state has passed. New York City has been enforcing Local Law 17 since July 31, 2023, covering utensils, condiment packets, napkins and extra containers on takeout and delivery orders, with online ordering defaulting to none. 

The warning period ended on June 30, 2024, and fines now run at $50 for a first offence, $150 for a second, and $250 for third and subsequent violations inside a 12-month window, enforced by the Department of Sanitation alongside the Department of Consumer and Worker Protection. Self-serve stations inside the restaurant are exempt.

Washington, DC actually got there before anyone else under the Zero Waste Omnibus Amendment Act of 2020, requiring third-party platforms to comply by July 1, 2021, and restaurants by January 1, 2022, with small disposable items kept either behind the counter or in a self-service area.

Denver's ordinance took effect in January 2022 and applies to single-use condiments and service ware at all retail food establishments, while Chicago's single-use foodware ordinance started on January 18, 2022 and applies only to takeout and delivery rather than dine-in.

What This Means for the Packaging You Buy

Compliance is only the floor here, and the more interesting question is what happens to your packaging once the accessories stop going out automatically.

Start by auditing your bundled SKUs, because wrapped cutlery kits already fail in California and Washington, and the New Jersey ban arrives on August 1, 2027. Then look hard at how you serve sauce, since bulk dispensers and portion cups replace an enormous amount of packet volume without hurting the guest experience at all. 

We worked with one fast-growing chicken concept on exactly that problem, rethinking a standard 2 oz cup in a way that saved them over $300,000 and improved how guests perceived the brand.

Your online ordering settings deserve attention before an inspector finds them, because default-off toggles are a written requirement in California, New Jersey, New York City, and Washington, DC rather than a nice-to-have.

The budget tends to shift after that, and it usually shifts toward the packaging that still has to survive the trip. Fewer accessories in the bag means more scrutiny on your bags, food containers, lids, and clamshells, because those items now carry the entire impression of the order. 

Our guide to why some containers perform better on long deliveries covers what actually holds up, and our look at heavy-duty packaging becoming the standard explains why so many operators are upgrading at the same time.

It also pays to plan across regulations rather than one at a time, since these rules keep arriving alongside EPR fees, PFAS restrictions and labelling requirements. 

Our breakdown of eco-modulated EPR fees explains how packaging design now changes what you pay, our guide to curbside recyclable versus compostable packaging helps you tell the two apart, and our piece on why long-term packaging planning matters in 2026 ties all of it together. 

If you are reviewing cup formats at the same time, our comparison of paper, PET, and PP cups is a useful companion piece, and the eco-friendly disposable range is where most operators start when they want to get ahead of the next rule.

Get Your Accessory Program Ready

Multi-state compliance is a sourcing problem long before it becomes a legal one, and if you operate across California, Washington, and New Jersey, you need packaging that satisfies the strictest rule in your footprint without forcing you to run three separate supply programmes.

That is the work we do every day. SupplyCaddy builds custom and stock packaging for foodservice brands worldwide, with no extra charge for customization and manufacturing facilities across North America and Europe; you can read more about how we work if you are new to us.

Talk to our team about auditing your current accessory and condiment spend, or browse the full catalogue to see what fits the way you actually serve.

Frequently Asked Questions

Which states require utensils and condiments only on request?

California, Washington, and New Jersey have statewide laws in force as of September 2026, while Washington, DC has a district-wide rule and cities including New York, Denver, and Chicago enforce their own ordinances.

When did the New Jersey Skip the Stuff law take effect?

It took effect on August 1, 2026, and a second phase banning bundled packages that contain more than one type of utensil or condiment begins on August 1, 2027, while businesses inside food courts stay exempt until August 1, 2028.

Does California AB 1276 apply to dine-in customers?

Yes, it applies to food facilities serving both dine-in and takeout customers, with exemptions for correctional institutions, licensed health care facilities, residential care facilities, and school cafeterias.

What are the fines for getting this wrong? 

They vary enormously between jurisdictions. California issues notices for the first two violations and then charges $25 per day with a $300 annual cap; New York City charges $50, $150, and $250 for first, second, and subsequent violations within 12 months, and Washington can assess anywhere from $150 to $2,000 per day after sending two certified-mail notices.

Are self-serve condiment stations still allowed?

Yes, every jurisdiction covered here still permits self-serve stations and bulk dispensers, provided the items are not bundled in a way that forces a customer to take more than they need.

Does Oregon require utensils on request?

No, because the Oregon House removed that provision from Senate Bill 551 before the bill passed in 2025, although the state's 2019 straws-on-request law still applies.

Do these laws cover napkins as well?

That depends on where you operate, since New York City includes napkins and extra containers, while California covers utensils, chopsticks, straws, stirrers, splash sticks, cocktail sticks, and condiment cups and packets, so you should check the specific statute for each market.

Can you still ask customers whether they want utensils?

Yes, and New Jersey explicitly allows it, while California permits it at drive-thrus and airports. What you cannot do anywhere is include the items automatically without asking first.