Rockland County, NY Single-Use Items: Takeout Containers (2026)
Key Facts
- Scope
- County-owned/operated facilities and vendors only
- Banned material
- Polystyrene foam disposable food service ware
- First violation penalty
- Up to $100
- Second violation penalty
- Up to $200
- Third+ violation penalty
- Up to $500
- Enforcing agency
- Rockland County Health Department
- Emergency suspension
- Up to 14 days, renewable
Summary
Rockland County Code § 267-4 bans polystyrene foam cups, clamshells, trays and other disposable food service ware from County-owned and County-operated property under the 2008 Polystyrene Foam Elimination Act. County food vendors, employees and departments cannot serve, buy or use foam takeout containers at County facilities or County-run events, and violators face escalating civil penalties collected by the Health Department.
E. Readily disposable consumer polystyrene containers and wrappers used for takeout foods are essentially not biodegradable and as litter do not decompose over time into the natural environment. ... DISPOSABLE FOOD SERVICE WARE All containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives and other items that are designed for one-time use and on, or in, which any County food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared by County food vendors. ... A. Except as provided in § 267-5 of this chapter, County food vendors are prohibited from providing prepared food to customers on County owned or operated property in disposable food service ware that uses polystyrene foam. ... (a) For a first violation, a civil penalty not exceeding $100; (b) For a second violation, a civil penalty not exceeding $200; (c) For a third and subsequent violation, a civil penalty not exceeding $500.
Full Breakdown
Rockland County Code § 267-4, enacted as the Polystyrene Foam Elimination Act of 2008 (Ch. 267, Art. I), bars County food vendors from serving prepared food to customers on County-owned or -operated property in disposable food service ware made of polystyrene foam, and bars County employees, departments and agencies from purchasing or using such foam ware at County facilities or County-run events. " The legislative findings at § 267-2 single out "readily disposable consumer polystyrene containers and wrappers used for takeout foods" as litter that does not biodegrade and harms wildlife.
The ban reaches only County property and County vendors/employees; § 267-5 exempts food prepared off County property for customers returning to County property, reusable polystyrene coolers and ice chests, all-aluminum disposable ware, and lets the County Executive suspend the rule for up to 14 days (renewable) during an emergency, or grant a hardship exemption for a specific item when no affordable alternative exists, reporting either action to the Legislature. The County Executive must also file a report on the law's effectiveness with the Legislature on January 1 following the first full year and every third year after (§ 267-6).
Violations & Fines
A County food vendor caught serving in banned foam ware faces a civil penalty collected by the Rockland County Health Department: up to $100 for a first violation, up to $200 for a second, and up to $500 for a third or later violation, with each day of noncompliance counted as a separate violation (§ 267-8 A). A County employee who knowingly ignores the ban instead faces disciplinary action rather than a fine (§ 267-8 B).
Frequently Asked Questions
Does Rockland County's foam takeout container ban apply to restaurants outside county buildings?
What counts as banned disposable food service ware in Rockland County?
What is the penalty for using foam takeout containers at a Rockland County facility?
Are any foam takeout items exempt from Rockland County's ban?
Sources & Official References
Other rules in Rockland County
New York rules heatmap·Compare Rockland County to another location·View the New York single-use items overview
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