![]() Raw meat, pork, seafood, poultry, or fish sold for the purpose of cooking or preparing off-premises by the customer Polystyrene loose fill packaging (commonly referred to as packing peanuts) is also banned. ![]() ![]() Containers and Packaging Affected Under the Banĭisposable food service containers made of expanded polystyrene that are banned include bowls, cartons, hinged "clamshell" containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages, and includes any container generally recognized as designed for single use. No person, firm, or corporation that produces or imports expanded polystyrene loose fill packaging is allowed to sell, offer for sale, or distribute expanded polystyrene loose fill packaging in New York State. This applies to any non-food retail or wholesale establishment, and includes online sales to customers in New York State, and sales or distribution to covered food service providers or facilities that have approved financial hardship waivers. In addition to covered food service providers, no store (retail or wholesale) is allowed to sell, offer for sale, or distribute disposable food service containers or loose fill packaging that contains expanded polystyrene foam, in New York State. Hospitals, adult care facilities, and nursing homes andĮlementary and secondary schools, colleges, and universities. Retail food stores as defined in article 28 of the Agriculture and Markets Law (link leaves DEC's website) In addition, no manufacturer or store is allowed to sell, offer for sale, or distribute polystyrene loose fill packaging (commonly referred to as packing peanuts) in the state.Įnvironmental Conservation Law (ECL), Article 27, Title 30: Expanded Polystyrene Foam Container and Loose Fill Packaging Ban (PDF, 145 KB)Ī covered food service provider is any person engaged in the business of selling or distributing prepared food or beverages for on-premises or off-premises consumption.Įxamples of covered food service providers include:įood service establishments, caterers, temporary food service establishments, mobile food service establishments and pushcarts as defined in the New York State Sanitary Code (link leaves DEC's website) Under the Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban, (link leaves DEC's website) effective January 1, 2022, no covered food service provider or store (retail or wholesale) is allowed to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in New York State. For these reasons, certain expanded polystyrene foam products are now banned in New York State to protect the environment, our communities, and to support sustainable materials management. In addition, foam containers and loose fill packaging, such as packing peanuts, are not accepted in most recycling programs in New York State because the foam is difficult to recycle and has a low value. When polystyrene foam ends up as litter in the environment, it can persist for a long time and may also become microplastic pollution. It is lightweight, breaks apart easily, and does not readily biodegrade. Foam packaging is one of the top contributors of environmental litter, causing negative impacts to wildlife, waterways, and other natural resources, as well as littering our communities and natural areas. ![]() Polystyrene foam is a concern for people and the environment. In 2020, New York State adopted the nation's strongest statewide ban of expanded polystyrene, single-use foam food and beverage containers, and polystyrene loose fill packaging materials, commonly known as packing peanuts. EPS Foam is difficult to recycle and litters communities and natural areas.
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