New York's expanded polystyrene foam container and packing peanut ban applies to Buffalo restaurants, food carts, and stores, replacing foam clamshells, cups, and trays with compostable or recyclable alternatives.
NY Environmental Conservation Law section 27-3001, effective January 2022, prohibits any covered food service provider, store, or manufacturer from selling, offering, or distributing expanded polystyrene single-use food containers and loose-fill packaging peanuts. Buffalo restaurants, food trucks, hospital cafeterias, and grocery stores must use paper, cardboard, aluminum, or compliant compostable or recyclable plastic containers for hot or cold food. Hardship waivers are limited and reviewed by the NY Department of Environmental Conservation. Retailers must also stop providing foam coolers and shipping peanuts to NY destinations. Limited medical and pre-packaged exemptions apply.
Distributing banned polystyrene products can result in DEC warnings, fines of up to two hundred fifty dollars for a first violation, and five hundred dollars for repeat offenses.
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See how Buffalo's polystyrene foam rules rules stack up against other locations.
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