5. a. 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.

b. A food service business shall maintain an adequate supply of single-use plastic straws to provide at the request of customers pursuant to subsection a. of this section.

c. Nothing in this section shall be construed to prohibit a store from selling packages of single-use plastic straws to customers, or from providing or selling a beverage pre-packaged by the manufacturer with a single-use plastic straw, including, but not limited to, a juice box.

d. Notwithstanding the provisions of subsection c. of section 6 of P.L.2020, c.117 (C. 13:1E-131), the Department of Health shall enforce the provisions of this section. The Department of Health may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of this section.

e. No later than four years after the effective date of P.L.2020, c.117 (C. 13:1E-99.126 et al.), the Department of Health shall prepare and submit to the Plastics Advisory Council a written report evaluating the compliance of food service businesses with the requirements of this section.

f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws after the effective date of P.L.2020, c.117 (C. 13:1E-99.126 et al.).

g. Beginning one year after the effective date of P.L.2020, c.117 (C. 13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws that was enacted prior to the effective date of P.L.2020, c.117 (C. 13:1E-99.126 et al.)

L.2020, c.117, s.5.