New York Statewide Rule
Polystyrene Foam Container Ban in New York
Key Facts
- Effective
- January 1, 2022
- Statute
- ECL Article 27, Title 30
- Scope
- Foam food service and peanuts
- Hardship waiver
- Available from DEC
Summary
New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.
§ 27-3003. Expanded polystyrene foam containers and polystyrene loose fill packaging ban. 1. (a) Beginning January first, two thousand twenty-two, no covered food service provider or store shall sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in the state.
Full Breakdown
Effective January 1, 2022, ECL Article 27, Title 30 (sections 27-3001 and 27-3003) 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 ban applies statewide and covers cups, plates, bowls, trays, clamshells, and packing peanuts, and since January 1, 2026 it also reaches unencapsulated foam coolers and ice chests. 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 reach $250 for a first violation, $500 for a second, $1,000 for a third, and $2,000 for each subsequent violation, enforced by DEC.
Frequently Asked Questions
Can a New York deli still use foam clamshells?
Are foam packing peanuts legal to ship in New York?
Sources
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