Overview
New York State regulates food businesses under two separate legal frameworks:
- Health Code – regulates food vendors and restaurants. This code does not explicitly prohibit BYO. Because of this, for a time, BYO was permitted at food vendors and restaurants in Tompkins County, based on a broad interpretation of the health code.
- Food Code – governs grocery store delis, and contains explicit language prohibiting BYO, specifically in § 271‑8.3(e).
Why § 271‑8.3(e) Is the Barrier
Section 271‑8.3(e), part of Article 17 of the Agriculture & Markets Law (Title 1, Part 271, 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 Article 17 of the Agriculture and Markets Law, Part 271 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York, from 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 food code 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 Food Code’s § 271‑8.3(e) contradicts more forward-thinking 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 and Oregon and the rest of the world.
Call to Action
Because the Food Code’s § 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. Please add your name to the petition to help secure the Right to BYO for all New Yorkers.
Updated: 8/4/2025