New York banned expanded polystyrene foam single-use food containers and packing peanuts statewide on January 1, 2022 under ECL Article 27, applying throughout Nassau County.
Effective January 1, 2022, NY Environmental Conservation Law Article 27, Title 30 prohibited covered food service providers and stores from selling, offering, or distributing expanded polystyrene single-use foam containers, including cups, plates, bowls, trays, clamshells, and packing peanuts. The ban applies countywide in Nassau and is enforced by the NY Department of Environmental Conservation. Limited hardship waivers are available for small businesses with under five hundred thousand dollars in gross income. Compliant alternatives include paper, recyclable rigid plastic, and certified compostable containers, many of which are already in widespread restaurant use.
Distributing banned polystyrene products can result in DEC penalties of up to two hundred fifty dollars for the first violation and five hundred for each subsequent violation.
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