Three years ago, New York City banned single-use food containers and packing peanuts made out of polystyrene foam. Starting January 1st, the rest of the state will follow in the city's footsteps.
The foam tray that, say, a pound of ground beef comes on? That’s OK under the state law, just as it’s permitted under the city ban. The law specifically exempts polystyrene foam containers that are used for raw meat, pork, seafood or poultry that a customer buys to cook at home.
Small food-service providers can also apply for a one-year waiver – provided they are not a franchise and they have less than 10 locations with less than $500,000 annual gross income each, according to the law. In the rest of New York, several state agencies – including the Department of Environmental Conservation — will have the authority to enforce the new statewide ban, according to the law.
Since 2019, the city Department of Sanitation has issued summons for 186 foam-ban violations, including 75 in Manhattan and 50 in the Bronx, according to the agency. When the state law first takes effect, businesses outside the city can expect something of a grace period: The DEC intends to educate them about the ban first before resorting to penalties, Seggos said.Basically anything other than expanded polystyrene foam.
“If you go to a coffee shop, you can bring your own coffee mug with you and not have to rely on polystyrene cups,” she said. “If you go out to eat, if you have leftovers, bring your own container with you to reuse.”The New York City Council initially passed the law that allowed for a polystyrene foam ban in 2013. But it was locked up in court on and off for years before the city’s ban ultimately took effect in 2019.
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