New York's Expanded Polystyrene Foam Container and Loose Fill Packaging Ban took effect January 2022 under ECL Article 27. Suffolk food service businesses must use compliant alternatives for cups, clamshells, and trays.
Under New York Environmental Conservation Law Article 27, Title 30, the sale and distribution of expanded polystyrene foam single-use food service containers and loose-fill packaging peanuts is banned statewide as of January 1, 2022. Covered Suffolk businesses include restaurants, caterers, food trucks, retailers, and institutional food service. Prohibited items include foam coffee cups, clamshell takeout containers, plates, bowls, and trays. Pre-packaged food filled outside New York and raw meat trays are exempt under specified conditions. Small businesses with under 500,000 dollars in gross annual income may apply to NY DEC for a financial hardship waiver. Enforcement is led by DEC with possible local cooperation.
Selling or distributing banned polystyrene foam food containers or packing peanuts, or failing to obtain a hardship waiver where required, can result in DEC penalties starting at 250 dollars per violation.
See how Huntington's polystyrene foam rules rules stack up against other locations.
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