New York Needs Clear Statewide BYO Rights, Not a Weak Amendment That Locks in Patchwork
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
(1).png)
If you are interested in signing on this petition as organization or businesses, please fill out this form.
Updated: March 31, 2026
New York’s Bring Your Own (BYO) - Rights to Refill -bill (S7408A / A8007A 2025) not enough and, in its currently amended form, risks making things worse than the original bill. The amendment does not establish a clear statewide right to bring your own container for takeout orders; it creates a three-tier structure in which beverages and leftovers are partly protected but subject to a broad escape hatch, takeout remains optional at the business level, and retail food stores are explicitly excluded. Combined with open-ended rulemaking and inspection authority, this structure risks codifying patchwork rather than creating a clear statewide BYO right.
The newly introduced language, "may opt," especially means a business can simply never participate. McDonald's corporate, Starbucks corporate, any chain's legal team can issue a systemwide no-BYO-takeout policy and that is not a violation. Nothing in the statute prevents it.
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 formal amendment is now moving that still fails to create that right. Instead, it preserves a patchwork structure, excludes retail food stores, and relies on rulemaking rather than clearly guaranteeing takeout BYO in statute. We are calling on sponsors and committee members to stop advancing a weak amendment and instead adop our full grassroots amendment package.
Zero Waste Ithaca and allied grassroots organizations have proposed amendments that would establish takeout BYO as a clear statewide right. Our grassroots work on this bill began in 2022, and since April 2025, members of our organizations and allies have been petitioning, calling, and writing to Assemblymember Kelles' office more frequently and regularly — without getting the stronger amendment New Yorkers need. A new amendment now advanced in the legislature still makes things worse by failing to create a clear statewide takeout BYO right and by preserving broad discretion, exclusions, and implementation uncertainty. Instead of resolving the problem, it risks locking in a weaker and more confusing framework that can be cited as progress while leaving major barriers in place.
As of March 31, 2026, in addition to over 1,280 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 the business and organization names.
We will continue updating this petition as the legislative process unfolds. At this stage, we are urging lawmakers not to treat the current amendment as a solution. A weak amendment is not a win if it leaves New Yorkers without real, usable BYO rights.
Our proposed amendments were developed by Zero Waste Ithaca (ZWI) and allied grassroots organizations after more than four years of engagement with legislative offices that did not result in the stronger amendment New Yorkers need. That process has now produced an amendment that still falls far short of what New Yorkers need. We need your support now to make sure the weak amendment is not mistaken for a meaningful fix and that the full grassroots amendment package is adopted before the bill moves forward.
We, undersigned, respectfully urge Senator Patricia Fahy (Senate sponsor of S7408A) and Assemblymember Anna Kelles (Assembly sponsor of A8007A) to stop advancing the current amemdment language and replace it with language that creates a clear statewide BYO right.
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 accepting reusables
-
Repeal outdated § 271‑8.3(e) of the NYS Food Code which restrict BYO at grocery store delis and salad bar
Include retail food stores rather than excluding them
-
Bring New York's policy in line with stronger models already enacted in California and Illinois - and avoid establishing the weakest patchwork 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, our independent, grassroots organizations based in communities across New York 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.
Read more about our calls for proper amendments on Zero Waste Ithaca's websitehere.
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
.png)
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, Assemblymember Anna Kelles, members of the New York State Health Committee, and other legislative allies,
I am writing to urge you to stop advancing any weak amendment that falls short of real statewide BYO rights and to adopt the full set of amendments proposed by Zero Waste Ithaca and our 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 under defined safety conditions
* Protect businesses from liability when accepting reusable containers in compliance with the law
* Repeal outdated 1 NYCRR § 271-8.3(e), which restricts BYO in grocery store delis, salad bars, and other retail food settings
* Bring New York policy in line with stronger models already enacted elsewhere and avoid locking in one of the weakest BYO frameworks in the country
These changes are critical for public health, waste reduction, and consumer freedom. A growing body of research shows that single-use foodware, including items marketed as compostable, can introduce PFAS, microplastics, and other hazardous chemicals into food, especially under conditions involving heat, grease, or acidity. BYO systems are practical, low-cost, and already functioning in other jurisdictions.
As a New Yorker concerned about public health, waste reduction, and climate, I urge you to:
* Reject any amendment that preserves patchwork rights, excludes retail food stores, or leaves takeout BYO subject to broad discretion
* Adopt the full grassroots amendment package without weakening its intent or scope
* Advance a policy rooted in science, clarity, equity, and real statewide access
New Yorkers need more than symbolic reform. We need a law that actually changes what people and businesses are allowed to do in practice.
Thank you for your attention to this issue. I urge you to take this opportunity to support a meaningful, usable statewide BYO framework.
Sincerely,
[Your Name]
[Your Town or Zip Code]