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

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

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

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)

View official code

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?
Yes, packaging sealed before it reaches the food vendor and butcher-case meat/produce containers are exempt.
Can a store still sell foam packing peanuts?
No, except for electronics that arrive prepackaged in foam loose-fill before entering the store.

Sources & Official References

Other rules in Westchester County

All Westchester County rules

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