NYC Administrative Code section 16-329, enacted as Local Law 142 of 2017, bans expanded polystyrene foam single-use food service containers and loose-fill packing peanuts across all five boroughs. The Department of Sanitation enforces with civil fines.
Local Law 142 of 2017 took effect January 1, 2019 and is codified at Admin Code section 16-329. It prohibits any food-service establishment, store, mobile food vendor, caterer, or city agency from selling, possessing, or providing single-service expanded polystyrene foam articles, including cups, plates, bowls, takeout clamshells, and trays. Loose-fill packaging peanuts of foam are also banned for shippers. DSNY may grant hardship waivers for small nonprofits and businesses earning under $500,000 a year that prove no affordable alternative exists. Pre-packaged foam containers filled and sealed outside the city are exempt. Compostable PLA and paper alternatives remain allowed.
Distributing banned foam food containers violates Admin Code section 16-329 with civil fines starting at $250 for the first offense, $500 for the second, and $1,000 for each additional violation, assessed by DSNY enforcement officers.
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