ALBANY – Beginning on January 1, 2022, the state’s ban on expanded polystyrene foam containers and loose-fill packaging (packing peanuts), goes into effect. The ban will impact food distributors, restaurants, manufacturers that ship products, and other industries.
The law will be enforced by the State Department of Environmental Conservation. The agency has indicated that they will be stepping up education efforts in the coming months before enforcing the laws, which can result in fines for offenders.
The ban prohibits any person engaged in the business of selling or distributing prepared food or beverages for on or off-premises consumption from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam.
Manufacturers and stores will be prohibited from offering for sale or distributing polystyrene loose fill packaging in the state. Disposable food service containers made of expanded polystyrene foam banned under the law include bowls, cartons, hinged containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages, including containers generally recognized as designed for single use.
Certain food service providers can request a hardship waiver if they have an annual gross income under $500,000 per location; do not operate 10 or more locations in New York State, and are not controlled by a franchise agreement.
