New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.
Effective January 1, 2022, ECL Article 27, Title 31 bans covered food service providers, stores, and manufacturers from selling, offering, or distributing expanded polystyrene foam single-use food containers or polystyrene loose-fill packaging. The law applies statewide and includes cups, plates, bowls, trays, clamshells, and packing peanuts. The Department of Environmental Conservation administers a financial hardship waiver process for small businesses. Localities may adopt stricter rules on other foam products but cannot loosen this ban.
Civil penalties up to $250 for a first violation and $500 per subsequent day of violation are authorized under ECL § 71-2727.
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