New Rules for Food-Related Businesses

While many of you are still getting used to new waste setout times, food-related businesses will have another new DSNY rule to follow at the end of the month. Starting in April, all businesses had the option to place waste at the curb 1 hour before closing if using a container with a secure lid or after 8:00pm if putting bags directly on the curb. However, beginning on August 1, 2023, ALL food-related businesses, including restaurants, delis, grocery stores, bodegas, and caterers, will be required to put trash and compostable materials into secure containers, with no option to place bags directly on the curb. You can download the official commercial containerization notice here and read all the details on DSNY's website here.

All containers must be removed from the curb when the business re-opens the next morning. For those unable to store the containers on-premise, businesses may keep them within 3 feet of the building line on the sidewalk, as long as they are well maintained and do not impede or obstruct pedestrian flow on the sidewalk. All containers should be kept clean and in good repair as well. If a food-related business receives off-street collection, including collection in a loading dock, the rule does not apply to them. You can read the full text of the rule here.

To learn more, register for one of DSNY's hour-long information sessions for food businesses below:

•   Tuesday, July 18, at 11:00am
•   Monday, July 24, at 2:00pm
•   Thursday, August 3, at 11:30am
•   Friday, August 11, at 2:00pm
•   Tuesday, August 15, at 6:00pm
•   Thursday, August 24, at 4:00pm
•   Monday, August 28, at 11:30am

DSNY Commissioner Jessica Tisch and NYC Mayor Eric Adams have instituted this rule to keep waste out of reach of the rats. All other businesses will continue to follow the rules established in April. However, the Adams administration is starting the rulemaking process on a new proposal that will require all chain businesses with five or more locations in NYC to place their waste into containers as well. Once both rules go into effect, 25% of businesses in NYC will place approximately 4 million pounds of waste in secure containers every day, all in an effort to make our streets cleaner and more welcoming. To find out more, click here to see the official announcement on the Mayor’s website.

Additionally, effective July 31, 2023, New York City food service establishments providing take-out and delivery service must comply with additional restrictions. They must not provide utensils, condiment packets, napkins, or extra containers to take-out or delivery customers unless the customer requests them. The default setting on online ordering and delivery apps must be set on the option not to provide these items but must give customers the ability to request them (only if the business offers them). Delivery and courier services may not provide these items unless the customer requests them. There will be a warning period through June 30, 2024, for these restrictions, which were part of the “Skip the Stuff” Bill that the New York City Council voted on in January. Click here to learn more about the Bill. Please note that the restrictions do not apply to self-serve stations inside a food service establishment.

Photo Credit: NYC Department of Sanitation