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

Local Law No. 4-2015, codified at Ulster County Code § 205-7 through § 205-15, took effect in stages: six months after filing with the Secretary of State for chain food service establishments and County facilities, concessions, events and permitted events, and one year after filing for every other food service establishment (§ 205-15). Under § 205-10, no chain food service establishment and no food service establishment of any kind may sell or provide prepared food in disposable food service ware that contains polystyrene foam, and no County facility, County-managed concession, County-sponsored event or County-permitted event may distribute or use disposable containers made of expanded polystyrene or nonrecyclable plastic.

'Disposable food service ware' is defined at § 205-9 to include bowls, plates, cartons, cups, trays and other one-time-use items in which food is packaged or served, including takeout and leftover containers, though the definition excludes straws, cup lids and utensils. A business can seek a 'unique packaging hardship' exemption by showing no feasible non-foam alternative exists, or a 'financial hardship' exemption by showing annual gross income under $300,000 and no feasible lower-cost alternative (§ 205-11). Exemption applications go to the Commissioner of Health, are decided within 30 days, run up to 12 months, must be renewed 60 days before expiring, and the Commissioner's decision is final with no appeal.

The Commissioner of Health enforces the article and can promulgate rules; the County Attorney may also sue for injunctive relief (§ 205-12). Under § 205-13, a first violation draws only a written warning; fines then top out at $250 for a first offense, $500 for a second, and $1,000 for a third or later offense, with each day of continued violation and each separate location counted individually. Section 205-14 voids the law automatically if state or federal law adopts substantially the same restriction.