Apparently unhappy with the continued use of plastic straw in the state, New Jersey state Senator John McKeon has sent letters to the 50 largest food-service establishments statewide, demanding these businesses comply with all parts of the single-use plastics ban, particularly the provision on single-use plastic straws.

“The single-use plastics ban was an ambitious endeavor and has drastically cut down plastic pollution,” said Senator McKeon (D-Essex/Passaic). “However, some food service establishments are not fully adhering to the law, as single-use plastic straws remain readily available to customers at self-service stations. Our largest chain restaurants, convenience stores, and fast-food businesses have a moral and legal obligation to follow the law and skip the straw.”

According to the New Jersey Plastics Advisory Council, roughly 5.5 billion single-use plastic bags and 110 million single-use paper bags were kept out of landfills from the law’s enactment in May 2022 to the end of that year alone. Clean Ocean Action, a leading environmental advocacy group that works to protect local waterways, found during its 2022 beach clean-ups that the number of plastic shopping bags, straws, and foam takeout containers had dropped by more than 35% compared to the previous year.

“The data is clear,” added Senator McKeon. “We have made great strides in cutting out single-use plastic and paper bags, but have not seen the same effort by businesses to reduce the use of plastic straws. These straws pollute our waterways, are a hazard to wildlife, and persist in the environment long after a morning coffee run.”

Americans are estimated to use tens of millions of single-use plastic straws daily. Single-use plastic straws are not recyclable, do not biodegrade, and are consistently one of the most littered items in the environment.

“Fast food and chain convenience stores talk a big game when it comes to being environmentally conscious,” added Senator McKeon. “Yet the majority violate New Jersey law with impunity daily. It is time for these businesses to walk the walk and fully commit to reducing plastic pollution by only providing plastic straws upon request. In doing so, we can reach our full potential in creating a cleaner, more sustainable New Jersey.”

As straws are necessary for some individuals with disabilities, the law still allows for straws to be provided to customers “upon request”.

You can read Senator McKeon’s letter below:

April 17, 2024

Chris Kempczinski
President and CEO
McDonald’s Corporation
110 N. Carpenter St.
Chicago, IL 60607

Re: Compliance of P.L.2020, c.117 (Concerning Single-Use Plastic Straws)

Dear Mr. Kempczinski:

     I write to you today, regarding a provision concerning single-use plastic straws as part of New Jersey’s broader effort aimed at reducing plastic pollution. On November 4, 2020, Governor Phil Murphy approved P.L.2020, c.117, which banned the sale or provision of single-use plastic carryout bags from stores and food-service businesses; single-use paper carryout bags from grocery stores larger than or equal to 2,500 square feet; use of polystyrene foam food-service products; and limited the provision of single-use plastic straws. As the prime sponsor of the nation’s strongest single-use plastic ban, I wanted to take this opportunity to remind you of the importance of compliance with this law across your company’s food-service establishments located in New Jersey.

     As you may already be aware, roughly one third of all plastics produced are single-use plastics, which are designed to be used only once and discarded. These plastics are not recyclable and do not biodegrade. Consequently, they end up in our landfills, are incinerated or litter our waterways and oceans, becoming a major source of pollution. Approximately eight million tons of plastic end up in the oceans annually and it is estimated that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish.

     Given the significant environmental threats posed by continued reliance on single-use plastics, the Legislature determined it no longer conscionable to permit the unfettered use of single-use plastics in our State. The intent of the law was to drastically lower consumption of single-use plastics.

     According to the New Jersey Plastics Advisory Council, which issued its first report on May 4, 2023, they found that roughly 5.5 billion single-use plastic bags and 110 million single-use paper bags were kept out of landfills.[1] Clean Ocean Action, a leading regional advocacy organization that works to protect local waterways, has found during its 2022 beach clean-ups that the number of plastic shopping bags, straws, and foam takeout containers had dropped by more than 35 percent compared to the previous year.[2]

     While the law has effectively reduced the usage of single-use plastic bags, there remains significant work ahead. To address this, I wish to highlight a specific provision of the law that appears to be lacking in compliance.

     Based on my personal observations and feedback from constituents, it has come to my attention that food-service establishments statewide are not fully adhering to the provision regarding single-use plastic straws. The law explicitly states:

     “Beginning one year after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), a food service business shall only provide a single-use plastic straw to a customer upon the request of the customer.”

     All food-service businesses, which includes all restaurants, convenience stores and fast-food businesses should educate their employees about the restriction. In a number of establishments, plastic straws remain readily available to all customers.

     While it is important to note that straws are a necessity for some people with disabilities, which is why we provided language in the law that provides straws “upon request.” It is still estimated that Americans use 170 million straws a day. That is plastic that will continue to persist in our environment for centuries after only a single use.

     I respectfully urge you to please remind all franchise owners and managers within your organization of their obligation to comply with the law and to ensure that single-use plastic straws are only provided to customers upon request.

     By taking proactive measures to “Skip the Straw,” your company can further demonstrate its commitment to environmental stewardship and set an example for all others in the industry to follow.

     We all must do our part to move beyond single-use plastics. Your company’s continued cooperation will ensure that future generations have a clean and healthy environment to live, work, and recreate. Together, we will protect our environment and build a more sustainable future.

     Thank you for your prompt attention to this matter. Should you have any questions or wish to discuss this matter at greater length, please do not hesitate to contact my office.

Very truly yours,
John F. McKeon
Senator – 27th Legislative District