New York Environmental Conservation Law Section 27-3001 prohibits food service businesses, retailers, and caterers from selling or distributing expanded polystyrene foam single-use food containers and loose fill packing peanuts statewide including Westchester.
Effective January 2022, New York Environmental Conservation Law Section 27-3001 banned most expanded polystyrene foam food service containers, including cups, plates, bowls, trays, and clamshells, plus loose fill packing peanuts. The ban applies to food service establishments, mobile vendors, retail food stores, supermarkets, delicatessens, grocery stores, restaurants, caterers, and similar businesses operating in Westchester. NYSDEC enforces with progressive penalties: warnings, then fines escalating with subsequent violations. Limited hardship waivers exist for small businesses under specific revenue thresholds. Compostable and recyclable alternatives are required. Pre-packaged products manufactured outside New York and sealed at distribution remain exempt.
First violation written warning; second violation up to 250 dollars; third and subsequent violations up to 500 dollars per day under DEC enforcement.
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