All citations are to Title 16 of the Administrative Code of the City of New York.
Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by admitting to the violation, being found in violation in a decision, or entering into a settlement agreement for violating the same provision of law or rule, on a different day within twelve months of the prior violation(s).
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Citation | Violation Description | First Violation | First Default | Second Violation | Second Default | Third and Subsequent Violation | Third and Subsequent Default |
Admin. Code § 16-401(b) | Providing single-use plastic stirrers or single-use plastic splash sticks | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(c)(1) | Providing single-use, non-compostable plastic straws to customers without customer request (including providing such straws at a self-serve station) | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(c)(2) | Failure to maintain a sufficient supply of single-use, non-compostable plastic straws | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(c)(2) | Failure to provide a single-use, non-compostable plastic straw upon request | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(c)(2) | Charging a customer for a single-use, non-compostable plastic straw that the customer has requested or inquiring as to the reason a customer has requested such plastic straw | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(c)(3) | Failure to display required signage about plastic straw availability | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-401(d) | Providing compostable plastic straws to be used outside of the food establishment's premises; failure to appropriately dispose of compostable plastic straws; failure to maintain required bins for disposal of compostable plastic straws | $100 | $100 | $200 | $200 | $400 | $400 |
Admin. Code § 16-402(b) | Providing eating utensils, condiment packets, napkins, or extra eating containers without customer request | $50 | $50 | $150 | $150 | $250 | $250 |
Admin. Code § 16-402(c)(1) | Failure to prominently and conspicuously provide customers with the option to request eating utensils, condiment packets, napkins, or extra eating containers | $50 | $50 | $150 | $150 | $250 | $250 |
Admin. Code § 16-402(c)(1) | Default option not set to no eating utensils, condiment packets, napkins, or extra eating containers | $50 | $50 | $150 | $150 | $250 | $250 |
Admin. Code § 16-402(c)(2) | Providing eating utensils, condiment packets, napkins, or extra eating containers without customer request | $50 | $50 | $150 | $150 | $250 | $250 |
(Added City Record 12/9/2021, eff. 1/8/2022; amended City Record 8/7/2023, eff. 9/6/2023)