New York Needs Clear Statewide BYO Rights, Not a Weak Patchwork Law
Senator Patricia Fahy (Senate sponsor of S7408), Assemblymember Anna Kelles (Assembly sponsor of A8007), members of the NYS Health Committee, and other legislative allies to introduce and support the full set of proposed amendments
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New York’s Bring Your Own (BYO) - Rights to Refill -bill (S7408 / A8007 2025) is a step in the right direction—but it doesn't go far enough . As written, the bill establishes BYO rights only for beverages and leftover food from partially consumed meals — and leaves out the most critical piece: the right to bring your own container for takeout orders at restaurants and grocery store delis.
Where We’re At: This petition stands firm in calling for a strong, enforceable amendment — one that establishes takeout BYO as a clear statewide right, not a voluntary program businesses can opt out of at will. A competing draft amendment circulated in February 2026 uses "may opt-in" language that leaves participation discretionary and refusal consequence-free. We are calling on sponsors and committee members to strengthen the original bill — not replace one barrier with a patchwork system.
Zero Waste Ithaca and allied grassroots organizations have proposed amendments that would establish takeout BYO as a clear statewide right. Since April 2025, members of our organizations and allies have been petitioning, calling, and writing to Assemblymember Kelles' office regularly — without getting the stronger amendment New Yorkers need. A competing draft amendment circulated by her office in February 2026 would make things worse by replacing a clear statewide standard with an opt-in structure that lets businesses refuse takeout BYO for any reason — without any food safety justification required.
As of March 24, 2026, in addition to over 1,200 individual sign-ons for the petition, we have support for the amendments from over 50 statewide organizations and businesses listed at the end of this petition. Please scroll down to see their names.
We will continue updating this petition as the legislative process unfolds.
These proposed amendments were developed by Zero Waste Ithaca (ZWI) and allied grassroots organizations after more than two years of engagement with legislative offices that did not result in the stronger amendment New Yorkers need. We need your support now to make sure they're fully included before the bill moves forward.
We, undersigned, respectfully urge Senator Patricia Fahy (Senate sponsor of S7408) and Assemblymember Anna Kelles (Assembly sponsor of A8007) to introduce and support the full set of proposed amendments.
These amendments would:
Establish takeout BYO as a clear statewide right — requiring food service establishments to accept clean customer-provided containers for takeout orders, with defined safety conditions
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Protect businesses from liability when accepting reusables
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Repeal outdated § 271‑8.3(e) of the NYS Food Code which restrict BYO at grocery store delis and salad bar
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Bring New York's policy in line with stronger models already enacted in California and Illinois - and avoid establishing the weakest BYO framework in the country
Microplastics, PFAS, and other hazardous chemicals in single-use containers threaten the health of all New Yorkers—especially when exposed to heat, grease, or acidity. A growing body of scientific research shows the risks posed by microplastics, PFAS, and other chemicals commonly found in single-use containers. BYO (Bring Your Own) practice is a simple, safe and cost-free solution for consumers,supported by governments around the world.
For over four years, community organizations have engaged in good-faith dialogue with legislative staff and provided policy language grounded in health and environmental evidence. Those structural concerns remain unresolved. We are now calling publicly for a stronger approach — and urging legislators who share a commitment to real reuse rights to support it.
We share a common goal: a healthier, more sustainable New York. Expanding BYO rights is a meaningful, low-cost policy that empowers consumers and supports climate and public health objectives. We respectfully urge you to take this next step.
Please also read our op-ed on Albany's Times Union (September 16, 2025) and Adirondack Daily Enterprise (October 25, 2025).
See answers to common questions here.
This petition is officially sponsored by Zero Waste Ithaca, BYO-US Reduces and Columbia County Reduces, with additional support from dozens of national, state, and local organizations and businesses.
Lead Organizers
National / Global Organizations
American Environmental Health Studies Project
The Center for Oil & Gas Organizing
GAIA (Global Alliance for Incinerator Alternatives)
Local/Regional/Statewide Organizations
Beaver County Marcellus Awareness Community (PA)
Between the Waters (Dayton, OH)
Beyond Plastics Lower Westchester (NY)
Broward Clean Air (Southwest Ranches, FL)
BYOC Refillery (Dryden, NY - in development, community interest survey underway)
Cayuga Climate Action (Auburn, NY)
Cayuga Lake Environmental Action Now! (CLEAN) (Ithaca, NY)
Clean Air Action Network of Glen Falls (Glen Falls, NY)
Clean Air Coalition of Greater Ravena-Coeymans (New Baltimore, Albany County, NY)
Climate Crisis Working Group of Moore County (NC)
Defend Our Health (Portland, ME)
Extinction Rebellion Ithaca (NY)
Finger Lakes Justice Partnership (Penn Yan, NY)
FLX Craft Beverage Environmental Coalition (Geneva, NY)
Friendship Donation Network (Ithaca, NY)
Ghent Climate Smart (Ghent, NY)
Grassroots Environmental Education (White Plains, NY)
It's Easy Being Green (New York, NY)
Hudson and Mohawk Rivers Leachate Collaborative (Mid-Hudson Valley, NY)
KingstonCitizens.org (Kingston, NY)
🌿 League of Women Voters of New York State
▶️ League of Women Voters, Cortland County (NY)
▶️ League of Women Voters, Rensselaer County (NY)
▶️ League of Women Voters, Saratoga County (NY)
▶️ League of Women Voters, Schnectady County (NY)
▶️ League of Women Voters, Tompkins County (NY)
Nassau Hiking & Outdoor Club (Elmont, NY)
People for a Healthy Environment (Horseheads, NY)
Seneca Lake Guardian (Watkins Glen, NY)
Southern Tier Reduces (Corning, NY)
Save Inwood Park (New York, NY)
Save the Pine Bush (Albany, NY)
Sustainable Finger Lakes (Ithaca, NY)
Sunrise Ithaca (Ithaca, NY)
Tompkins County Climate Protection Initiative (Ithaca, NY)
Town of Ithaca Conservation Board (NY)
Waste for Life (Hankins, Sullivan County, NY)
Waterside Tenants Association, Inc. (New York, NY)
Westchester Alliance for Sustainable Solutions (Peekskill, NY)
Zero Waste Capital District (Albany, NY)
Black Cat Bulk Goods (New Paltz, NY)
Dish Truck aka Regeneration & Elements in Design, Inc. (Ithaca, NY)
Evergreen Ithaca (NY)
Forty Weight Coffee Roasters - Cafe (Ithaca, NY)
Hawthorne Valley Farm Store (Ghent, NY)
Ithaca Farmers Market (Ithaca, NY)
JSA Sustainable Properties (Clermont, NY)
Rosie's Cafe and Parlor (Ithaca, NY)
Strategy Zero Waste Solutions, LLC (MT)
Styld N EMRGD (Schenectady, NY)
Sustainable Rentals LLC (Rhinebeck, NY)
Co-ops
Chatham Real Food Co-op (Chatham, NY)
Honest Weight Co-op (Albany, NY)
Sponsored by
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Additional Sponsors
To:
Senator Patricia Fahy (Senate sponsor of S7408), Assemblymember Anna Kelles (Assembly sponsor of A8007), members of the NYS Health Committee, and other legislative allies to introduce and support the full set of proposed amendments
From:
[Your Name]
Dear Senator Patricia Fahy (Senate sponsor of S7408), Assemblymember Anna Kelles (Assembly sponsor of A8007), members of the NYS Health Committee, and other legislative allies to introduce and support the full set of proposed amendments,
I am writing to urge you to introduce and pass the full set of amendments to S7408 / A8007 as proposed by Zero Waste Ithaca and its partners in the BYO-US Reduces network.
These amendments would:
* Establish takeout BYO as a clear statewide right — requiring food service establishments to accept clean customer-provided containers for takeout orders, with defined safety conditions
* Protect businesses from liability when they choose to accept reusables
* Recommend repeal of outdated § 271‑8.3(e) of the NYS Food Code which restrict BYO at grocery store delis and salad bars
* Bring New York's policy in line with stronger models already enacted in California and Illinois - and avoid establishing the weakest BYO framework in the country
These changes are critical to protecting public health. A growing body of research shows that single-use containers—including those labeled compostable—can leach PFAS, microplastics, and other hazardous chemicals into food, especially when exposed to heat, grease, or acidity. BYO systems are safer, practical, and already working in other states.
As a New Yorker concerned about public health and climate, I urge you to:
* Commit to introducing these full, undiluted amendments in the 2026 legislative session
* Ensure they are advanced without weakening the intent or scope
* Stand up for a policy rooted in science, equity, and consumer choice
Thank you for your attention to this issue. I look forward to seeing New York take meaningful action to support safe, reusable systems statewide.
Sincerely,
[Your Name]
[Your Town or Zip Code]