Bring Your Own (BYO) is treated differently in New York depending on the legal framework that applies.
Restaurants are generally governed under NYSDOH rules (Title 10 NYCRR), while grocery store delis and other retail food stores are governed under NYS Department of Agriculture and Markets regulations (Title 1 NYCRR Part 271), which include an explicit ban on personal containers in § 271-8.3(e).
Public momentum: Hila the Earth’s BYO reel (Feb. 4, 2026) reached 85,000+ views in under two weeks. BYO is not a niche idea, it is a mainstream practice the public is ready to adopt. New York’s food code and implementation structure need to catch up.
https://www.instagram.com/p/DUVxnuPjru1/
What this page explains:
- The rule that blocks BYO in grocery delis (1 NYCRR § 271-8.3(e))
- What we’re doing to repeal/amend it (links below)
Overview
New York State regulates food businesses under two separate legal frameworks:
- NYSDOH Rules – regulates food vendors and restaurants. This code does not explicitly prohibit BYO. Because of this, for a time period, BYO was permitted at food vendors and restaurants in Tompkins County, based on a broad interpretation of NYSDOH State Sanitary Code (Title 10 NYCRR).
- NYS Department of Agriculture and Market Rules – governs grocery store delis, and contains explicit language prohibiting BYO, specifically in § 271‑8.3(e).
We are actively working to amend the state regulation that blocks BYO in retail settings (1 NYCRR § 271-8.3(e)).
Why § 271‑8.3(e) Is the Barrier
Section 271‑8.3(e), located in 1 NYCRR Part 271 (Ag & Markets retail food store sanitation regulations; Circular 962), states:
“Take‑out containers are to be provided by the retail food store or food service establishment. Personal containers are not allowed.”
This explicit prohibition prevents grocery store deli patrons from bringing and using their own containers.
Please see below a PDF of 1 NYCRR Part 271 (Circular 962), Rules and Regulations Relating to Retail Food Stores (last revised in 2014). We’re sharing it here as a reference for those working to advance BYO (Bring Your Own) policies—containers, utensils, cups, etc.
We received this retail food store sanitation regulations (Ag & Markets) document from Carmen A. Valentino, Supervising Food Inspector at the NYS Department of Agriculture and Markets, Division of Food Safety and Inspection, in April 2022, in response to our request for clarification.
Because the retail food store sanitation regulations (Ag & Markets)’s § 271‑8.3(e) contradicts modern reuse practices and prevents BYO in grocery store delis, we advocate for the full repeal of this clause, to bring New Yorkers’ BYO Rights up to speed with California, Illionois and Oregon and other regions around the world.
Call to Action
Please add your name to the petition to help secure the Right to BYO for all New Yorkers: https://actionnetwork.org/petitions/byo-rights-ny
Because NYS Dept. of Agriculture and Markets retail food store sanitation regulations (1 NYCRR § 271-8.3(e)) blocks BYO in grocery store delis—despite growing support for reuse and waste reduction—we are calling for full repeal of this clause.
Updated: 2/19/2026