Westchester County, NY Single-Use Items: Takeout Containers (2026)
Key Facts
- Bans
- EPS foam food service ware
- Also bans
- Foam loose-fill packaging
- Max penalty
- $2,000 per violation
- Adopted
- L.L. No. 7-2019
Summary
Westchester County bans food service vendors and stores from possessing, selling or using expanded polystyrene foam cups, plates, trays and takeout containers.
No food service vendor, mobile food commissary or retail store shall possess, sell or offer for use any food service ware that consists of expanded polystyrene. This prohibition shall not apply to packaging that is used for prepackaged foods that have been filled and sealed prior to receipt by the food service vendor, mobile food commissary or retail store or to containers used to store fresh produce, raw eggs, or any raw or uncooked meat, pork, fish, seafood, or poultry that is sold from a butcher case or similar retail appliance.2.No store shall sell or offer for sale expanded polystyrene foam loose fill packaging. This prohibition shall not apply to the retail sale of electronics that are packaged in expanded polystyrene loose fill packaging prior to entering the store. (L.L. No. 7-2019, § 1)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).
Full Breakdown
Under the Expanded Polystyrene Food Service and Packaging Waste Reduction law, no food service vendor, mobile food commissary or retail store may possess, sell or offer for use any polystyrene foam food service ware, and stores may not sell foam loose-fill packing peanuts. Prepackaged sealed foods and butcher-case containers are exempt. The County Board of Health enforces the ban.
Violations & Fines
Violators face a civil fine or penalty up to $2,000 per violation, imposed only after notice and a hearing opportunity.
Frequently Asked Questions
Are prepackaged sealed foods exempt from the foam ban?
Can a store still sell foam packing peanuts?
Sources & Official References
Other rules in Westchester County
New York rules heatmap·Compare Westchester County to another location·View the New York single-use items overview
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