Skip the Stuff Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 423

Short Title: Skip the Stuff Act. (Public)
Sponsors: Representatives von Haefen, Butler, Roberson, and Harrison (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 19, 2025
*H423-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REDUCE SIN GLE-USE FOODWARE IN TAKE-OUT AND DELIVER Y OF 2
PREPARED MEALS. 3
Whereas, single-use accessories for food service are frequently provided to customers 4
that do not need them, resulting in unnecessary cost to food service operators and unnecessary 5
waste that is costly for local governments to manage; and 6
Whereas, one trillion disposable foodware items are used in the United States each 7
year, generating nine million tons of waste; and 8
Whereas, forty percent (40%) of plastics generated are used for packaging purposes, 9
making packaging the number one market for plastics use; and 10
Whereas, the United States uses more than 36 billion disposable plastic utensils 11
annually. Laid end-to-end, this amount of plastic utensils could wrap around the globe 139 times; 12
and 13
Whereas, four million trees are cut down each year in order to make chopsticks in 14
China. Eliminating forests, our natural carbon sink and providers of habitat and clean air, makes 15
no sense during a climate crisis; and 16
Whereas, the manufacturing of napkins requires a significant amount of water. For 17
instance, if fifty percent (50%) of the United States' population used three paper napkins per day, 18
that would total 450 million napkins for one day, which would require 31 .5 million gallons of 19
water to manufacture; and 20
Whereas, many single-use foodware accessories are made from plastic, and as much 21
as 23 million metric tons of plastic waste enter the ocean each year, most of it generated in the 22
United States; and 23
Whereas, the amount of plastics in the ocean is projected to exceed the number of fish 24
by 2030; and 25
Whereas, the vast majority of these single -use foodware accessory items are 26
problematic in the waste stream because they are not recyclable. Even when manufactured from 27
recyclable materials, food packaging is usually too dirty to be recycled. Utensils and straws are 28
contaminated in many recycling systems. Plant-based foodware and utensils are often considered 29
contaminants in commercial compost facilities. Bio-plastics do not degrade quickly enough, and 30
paper and other fibers dilute the quality of compost; and 31
Whereas, restaurants in the United States spend $24 billion purchasing disposable 32
foodware items each year; and 33
Whereas, local governments in the United States spe nd $6 billion managing 34
disposable foodware waste; and 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 423-First Edition
Whereas, it is in the interest of the health, safety, and welfare of all who live, work, 1
and do business in the State of North Carolina that the amount of litter on public streets, parks, 2
and in other public places be reduced and the amount of single-use foodware accessory waste be 3
reduced; Now, therefore, 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Article 9 of Chapter 130A of the General Statutes is amended by 6
adding a new Part to read: 7
"Part 2J. Single-Use Foodware and Condiments. 8
"§ 130A-309.235. Definitions. 9
Unless a different meaning is required by context, the following definitions apply throughout 10
this Part: 11
(1) Food establishment. – An establishment that prepares and serves food or drink 12
as regulated pursuant to Part 6 of Article 8 of this Chapter. 13
(2) Prepared food. – Food or beverages that are serviced, packaged, cooked, 14
chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise 15
prepared by a food establishment in a form that is edible without additional 16
preparation. Prepared food does not include raw eggs or raw, butchered meats, 17
fish, or poultry sold from a butcher case, refrigerator case, or similar retail 18
appliance. 19
(3) Single item dispenser. – A device that stores bulk amounts o f single-use 20
foodware or standard condiments and dispenses one item at a time. 21
(4) Single-use. – Designed to be used once and then disposed, and not desig ned 22
for repeated use and sanitizing. 23
(5) Single-use foodware. – A single-use accessory provided alongside prepared 24
food, including utensils, tongs, chopsticks, napkins, standard condiments, 25
straws, stirrers, splash sticks, cocktail sticks, toothpicks, cup lids, cup sleeves, 26
cup trays, and food trays. 27
(6) Standard condiment or condiment. – A single-use packet containing relishes, 28
spices, sauces, confections, or seasonings ; that requires no additional 29
preparation; and that is used on food or beverages, including ketchup, 30
mustard, mayonnaise, soy sauce, sauerkraut, salsa, syrup, j am, jelly, salad 31
dressing, salt, sugar, sugar substitutes, pepper, and chili pepper. 32
(7) Third-party food delivery platform. – A person that operates a website or 33
mobile application through which a consumer can order prepared food from a 34
food establishment for pickup or delivery. 35
(8) Utensil. – An instrument used to serve or eat food, including forks, spoons, 36
knives, sporks, and chopsticks. 37
"§ 130A-309.236. Consumer opt-in for single-use foodware. 38
(a) Except as provided in G.S. 130A-309.237, a food establishment shall not provide any 39
single-use foodware or standard condiments to consumers for on-premises dining, take-out, and 40
delivery orders, or when using a third-party food delivery platform, unless the consumer requests 41
the single-use foodware or condiment. 42
(b) A food establishment shall not bundle or package single -use foodware or standard 43
condiments in a manner that prevents consumers from taking only the type of single -use 44
foodware or condiment desired without having to take a different type of single-use foodware or 45
condiment. 46
(c) A third-party food delivery platform shall not allow consumers to use the platform to 47
place orders from a food establishment without providing an option on the platform for 48
consumers to request single-use foodware or standard condiments from the food establishment. 49
"§ 130A-309.237. Exceptions. 50
General Assembly Of North Carolina Session 2025
House Bill 423-First Edition Page 3
(a) For delivery orders, food establishments may include specific accessories such as cup 1
lids, spill plugs, and trays in order to prevent spills or otherwise deliver food and beverages 2
safely. 3
(b) This Part shall not be construed to prohibit a food establishment from making standard 4
condiments available to consumers using refillable single item dispensers. 5
"§ 130A-309.238. Liability; enforcement. 6
(a) If the Department finds that a food establishment has failed to comply with the 7
requirements of this Part, the Department may issue a written notice to the food establishment of 8
its findings and direct the food establishment to take remedial action to comply with the 9
requirements of this Part. The Department shall allow the noncompliant food establishment 60 10
calendar days from the receipt of the notice of noncompliance to demonstrate compliance to the 11
satisfaction of the Department. If after 60 calendar days following receipt of the notice of 12
noncompliance the food establishment fails to demonstrate compliance with the requirements of 13
this Part, the Department may impose administrative penalties against the food establishment 14
pursuant to G.S. 130A-22(a). Third-party food delivery platforms are not liable for the failure of 15
a food establishment to comply with this Part. 16
(b) If the Department finds that a third-party food delivery platform has failed to comply 17
with the requirements of this Part, the Department may issue a written notice to the third -party 18
food delivery platform of its findings and direct the third -party food delivery platform to take 19
remedial action to comply with the requirements of this Part. The Department s hall allow the 20
noncompliant third-party food delivery platform 60 calendar days from the receipt of the notice 21
of noncompliance to demonstrate compliance to the satisfaction of the Department. If after 60 22
calendar days following receipt of the notice of noncompliance the third -party food delivery 23
platform fails to demonstrate compliance with the requirements of this Part, the Department may 24
impose administrative penalties against the third -party food delivery platform pursuant to 25
G.S. 130A-22(a). Food establishments are not liable for the failure of a third-party food delivery 26
platform to comply with this Part. 27
(c) The Department shall establish and maintain an online portal by which individuals 28
can report violations of this Part to the Department. 29
"§ 130A-309.239. Local government authority not preempted. 30
Nothing in this Part shall be construed as limiting the authority of any local government to 31
adopt ordinances that restrict the provision of single -use foodware by food establishments or 32
third-party food delivery platforms." 33
SECTION 2. G.S. 130A-22 reads as rewritten: 34
"§ 130A-22. Administrative penalties. 35
(a) The Secretary of Environmental Qu ality may impose an administrative penalty on a 36
person who violates Article 9 of this Chapter, rules adopted by the Environmental Management 37
Commission pursuant to Article 9, or any term or condition of a permit or order issued under 38
Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty 39
shall not exceed fifteen thousand dollars ($15,000) per day in the case of a violation involving 40
nonhazardous waste. The penalty shall not exceed thirty -two thousand five hundred do llars 41
($32,500) per day in the case of a first violation involving hazardous waste as defined in 42
G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or 43
upon water in a manner that results in medical waste entering waters or lands of the State; and 44
shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation 45
involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner 46
that results in medical waste entering waters or lands of the State. The penalty shall not exceed 47
thirty-two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary 48
remedial action implemented pursuant to G.S. 130A-310.9(c) or a violation of the rules adopted 49
pursuant to G.S. 130A-310.12(b). For violations of Part 2J of Article 9 of this Chapter, the 50
penalty shall not exceed one hundred dollars ($100.00) per day. For violations of Part 7 of Article 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 423-First Edition
9 of this Chapter and G.S. 130A-309.10(m): (i) a warning shall be issued for a first violation; (ii) 1
the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the 2
penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person 3
fails to pay a civil penalty within 60 days after the final agency decision or court order has been 4
served on the violator, the Secretary of Environmental Quality shall request the Attorney General 5
to institute a civil action in the superior court of any county in which the violator res ides or has 6
his or its principal place of business to recover the amount of the assessment. Such civil actions 7
must be filed within three years of the date the final agency decision or court order was served 8
on the violator. 9
…." 10
SECTION 3. This act becomes effective July 1, 2025, and applies to violations 11
committed on or after that date. 12