New York Statewide Rule

Polystyrene Foam Container Ban in New York

Some RestrictionsApplies statewide across New York (2026)

New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.

Key Facts

Effective: January 1, 2022
Statute: ECL Article 27, Title 31
Scope: Foam food service and peanuts
Hardship waiver: Available from DEC

Source: New York State Senate

Full Breakdown

Effective January 1, 2022, ECL Article 27, Title 31 bans covered food service providers, stores, and manufacturers from selling, offering, or distributing expanded polystyrene foam single-use food containers or polystyrene loose-fill packaging. The law applies statewide and includes cups, plates, bowls, trays, clamshells, and packing peanuts. The Department of Environmental Conservation administers a financial hardship waiver process for small businesses. Localities may adopt stricter rules on other foam products but cannot loosen this ban.

Violations & Penalties

Civil penalties up to $250 for a first violation and $500 per subsequent day of violation are authorized under ECL § 71-2727.

Frequently Asked Questions

Can a New York deli still use foam clamshells?

No. Expanded polystyrene foam clamshells, cups, and trays for food service have been banned statewide since January 1, 2022.

Are foam packing peanuts legal to ship in New York?

No. Loose-fill polystyrene packaging is included in the statewide ban, and shippers must use compliant alternatives such as paper or cornstarch peanuts.

Sources

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Full Breakdown

Frequently Asked Questions

Can a New York deli still use foam clamshells?

No. Expanded polystyrene foam clamshells, cups, and trays for food service have been banned statewide since January 1, 2022.

Are foam packing peanuts legal to ship in New York?

No. Loose-fill polystyrene packaging is included in the statewide ban, and shippers must use compliant alternatives such as paper or cornstarch peanuts.