Albany County, NY Single-Use Items: Takeout Containers (2026)

L. No. L. No. 4-2018), declares in § 170-9 that banning polystyrene foam food service ware and requiring compostable or recyclable substitutes is in the public interest because alternatives are readily available and foam use burdens the waste stream and litters streets, parks and waterways. Section 170-10 defines "food service establishment" as one permitted by the Albany County Department of Health, and defines "compostable" by reference to ASTM D6400/D6868 standards. Section 170-11's use restrictions are the operative rule: no establishment may sell prepared food in disposable ware containing polystyrene foam, all disposable ware used must be compostable or made of locally recyclable material such as aluminum or hard plastic, and an establishment must be able to prove to the Commissioner for Health that the ware it uses qualifies.

Section 170-12 gives the Health Commissioner rulemaking authority to implement and enforce the article, with any rules posted on the County website. Section 170-13 allows the Department of Health to grant a waiver where compliance would cause undue financial hardship or other unreasonable-compliance factors, subject to an appeal process the Department must establish. Section 170-15 is a reverse-preemption clause voiding the article if the state or federal government adopts substantially similar rules, and § 170-16 sets the effective date at six months after filing with the Secretary of State, applying to transactions on or after that date.