Nassau County, NY Single-Use Items: Takeout Containers (2026)
Key Facts
- Governing law
- Misc. Laws Title 85 (LL 7-2019)
- Effective
- January 1, 2020
- Enforced by
- Dept. of Consumer Affairs
- Max fine
- $2,500 (third offense)
- Also banned
- Polystyrene loose-fill packing peanuts
Summary
Nassau County prohibits every food service establishment, store, and mobile food commissary from selling or offering any disposable food service item made of polystyrene foam. The ban, enforced by the county Department of Consumer Affairs, took effect January 1, 2020.
§ 2. Prohibition. a. No food service establishment, mobile food commissary or store shall sell or offer for use any disposable food service item that consists of polystyrene foam... § 4. Penalties. a. Violation of this law shall be punishable by a civil fine. First offenses shall be punishable by a fine of up to $500. Second offenses shall be punishable by a fine of up to $1,000. Third and subsequent offenses shall be punishable by a fine of up to $2,500. Each violation of this law shall be considered a separate and distinct offense.
Full Breakdown
Title 85 of the Miscellaneous Laws of Nassau County (added by Local Law No. 7-2019, in effect January 1, 2020) bars food service establishments, mobile food commissaries, and stores from selling or offering for use any disposable food service item consisting of polystyrene foam (expanded or extruded, commonly called Styrofoam). Manufacturers and stores also may not sell polystyrene loose fill packing peanuts. Exemptions cover prepackaged foods sealed before receipt and butcher-case containers for uncooked eggs, raw meat, pork, fish, seafood, or poultry. The Department of Consumer Affairs enforces on inspection or complaint. New York State later banned foam containers statewide (6 NYCRR Part 353) effective January 1, 2022.
Violations & Fines
First offense draws a civil fine up to $500, second up to $1,000, and third and subsequent offenses up to $2,500; each violation is a separate offense. No fine is imposed until a hearing before the Consumer Affairs Commissioner.
Frequently Asked Questions
Are foam takeout containers legal in Nassau County?
What are the exemptions?
Who enforces the ban and what are the fines?
Sources & Official References
Other rules in Nassau County
New York rules heatmap·Compare Nassau County to another location·View the New York single-use items overview
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