Suffolk County, NY Single-Use Items: Takeout Containers (2026)
Key Facts
- Code
- Suffolk County Code § 446-34
- Ban scope
- Foam serviceware + packing peanuts
- Enforcer
- Dept. of Health Services
- First offense fine
- Up to $500
- Repeat fines
- $1,000 then $2,500
Summary
Suffolk County bans polystyrene foam takeout containers outright. No food service establishment, mobile food commissary, or store may possess, sell, or offer any disposable foam food-service item, and no manufacturer or store may sell polystyrene loose-fill packing peanuts.
No food service establishment, mobile food commissary or store shall possess, sell or offer for use any disposable food service item that consists of polystyrene foam. 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 establishment, mobile food commissary, or store or to containers used to store uncooked eggs, raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail use.
B. No manufacturer or store shall sell or offer for sale polystyrene loose fill packaging. This prohibition shall not apply to the retail sale of electronics that are packaged in polystyrene loose fill packaging prior to entering the store.
Full Breakdown
Suffolk County Code Chapter 446, Article V (§ 446-34) prohibits every food service establishment, mobile food commissary, and store from possessing, selling, or offering disposable foam food-service items, and bars manufacturers and stores from selling polystyrene loose-fill packaging. Narrow carve-outs cover prepackaged foods filled and sealed before receipt, containers for uncooked eggs, raw meat, pork, fish, seafood, or poultry from a butcher case, and electronics packed in loose fill before entering the store. The Department of Health Services enforces it by inspection or complaint.
Violations & Fines
The Department of Health Services enforces by inspection or complaint. Civil fines run up to $500 for a first offense, $1,000 for a second, and $2,500 for third and subsequent offenses, each violation counted separate and distinct.
Frequently Asked Questions
Are foam coffee cups and takeout clamshells banned?
Are packing peanuts banned too?
What is the penalty for violating the ban?
Sources & Official References
Other rules in Suffolk County
New York rules heatmap·Compare Suffolk County to another location·View the New York single-use items overview
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