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New York, NY Single-Use Items: Takeout Containers (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Statute
Admin Code § 16-329 (LL 142/2013)
Effective
January 1, 2019
Enforcer
DSNY, DOHMH, DCWP
Fines
$250 / $500 / $1,000
Waiver
Hardship, income under $500K

Summary

New York City prohibits food service establishments, mobile food commissaries, and stores from possessing, selling, or offering single-use expanded polystyrene foam containers, cups, plates, and trays, plus foam loose-fill packing peanuts. DSNY enforces the ban, in effect since January 1, 2019.

c. If expanded polystyrene single service articles are not designated as a recyclable material pursuant to subdivision b of this section, then, on and after July first, two thousand fifteen, no food service establishment, mobile food commissary, or store shall possess, sell, or offer for use single service articles that consist of expanded polystyrene... d. ...no manufacturer or store shall sell or offer for sale polystyrene loose fill packaging in the city.

View official code

Full Breakdown

Under Local Law 142 of 2013, codified at Admin Code § 16-329, no food service establishment, mobile food commissary, or store may possess, sell, or offer single-service articles made of expanded polystyrene: foam clamshells, cups, plates, and trays. Manufacturers and stores also cannot sell foam loose-fill packing peanuts. The ban took effect January 1, 2019 after a court challenge, with fines starting July 1, 2019. DSNY enforces it, alongside DOHMH and DCWP. Narrow carve-outs cover prepackaged sealed food and foam trays for raw meat, poultry, and seafood sold from a butcher case. Small businesses under $500,000 gross income may seek a financial hardship waiver from the Department of Small Business Services.

Violations & Fines

DSNY issues a warning first, then fines per notice of violation within a twelve-month period: $250 for the first offense, $500 for the second, and $1,000 for the third and each subsequent offense.

Frequently Asked Questions

Are foam takeout containers banned in NYC?
Yes. Since January 1, 2019, food service establishments and stores cannot possess, sell, or offer single-use expanded polystyrene foam containers, cups, plates, or trays under Admin Code § 16-329.
Are foam packing peanuts banned too?
Yes. Manufacturers and stores may not sell or offer polystyrene loose-fill packaging (packing peanuts) in New York City under the same law.
What are the penalties for using foam?
DSNY issues a warning first, then $250 for a first violation, $500 for a second, and $1,000 for the third and each later offense within twelve months.

Sources & Official References

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