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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 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.

These county ordinances apply to unincorporated areas of Nassau County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 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?
No. Title 85 prohibits food service establishments, stores, and mobile food commissaries from selling or offering any disposable food service item made of polystyrene foam, effective January 1, 2020.
What are the exemptions?
Foods prepackaged and sealed before the business receives them, and butcher-case containers for uncooked eggs, raw meat, pork, fish, seafood, or poultry are exempt from the ban.
Who enforces the ban and what are the fines?
The Nassau County Department of Consumer Affairs enforces it. Fines run up to $500, $1,000, and $2,500 for first, second, and third offenses, after a hearing before the Commissioner.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

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