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

Article I of Chapter 189 of the Troy City Code, adopted by the Troy City Council on 9-5-2019 by Ord. No. 73 and effective March 1, 2020, bans polystyrene foam food ware. Section 189-0 states the purpose: to eliminate the use of polystyrene foam food service ware, reduce plastic straws and support New York State's ban on plastic bags. Section 189-2 carries two prohibitions: food service establishments, including franchises, cannot use single-use food service ware made of polystyrene foam, and covered stores, including franchises, cannot sell it at retail.

The definitions in § 189-1 set the reach. Single-use food service ware means all bowls, plates, cartons, cups and other containers, trays or items intended for single use or in which a food service establishment places or packages food, and the definition expressly includes service ware used for takeout or leftovers from partially consumed meals. Polystyrene foam means any blown polystyrene, expanded or extruded foam, commonly called Styrofoam, and also clear or solid polystyrene known as oriented polystyrene. A food service establishment is a place where prepared food is provided for individual portion service directly to a customer, whether consumption occurs on or off the premises. Covered stores include drugstores, pharmacies, grocery stores, supermarkets, convenience stores, gas stations, hardware stores and food service establishments that provide carry-out bags.

There are two relief valves. Under § 189-2B and D, a food service establishment or covered store with two or fewer locations can apply with the City of Troy for a one-year nonrenewable exemption. Under § 189-2F, the City provides signage disclosing the waiver, which must be displayed in a public location. Section 189-2E let businesses use or sell existing inventory until the effective date, or one year after for those with a waiver.

Section 189-6 contains a reverse preemption clause: any section of the article becomes null and void on the day a Rensselaer County or statewide law with the same or substantially similar provisions takes effect, or when a county, state or federal agency preempts the City by regulation. The Troy City Council decides by resolution whether that trigger has occurred.