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DEC Reminds New Yorkers That Statewide Ban on
Polystyrene Foam Containers and Loose Fill Starts January 1
Published: December 31, 2021
at 07:45 p.m.
By: Press Release from NYS DEC (12/29/21)
DEC Reminds New Yorkers: Statewide
Ban on Polystyrene Foam
Containers and Loose Fill Starts
Jan. 1
DEC and Partners Continue Targeted Outreach and Education
Campaign for Foam
Manufacturers and Distributors, Affected Entities Including
Schools, Hospitals,
Restaurants
Department of
Environmental Conservation (DEC) Commissioner Basil Seggos
today reminded New Yorkers that the State's ban on expanded polystyrene
foam containers and 'packing peanuts' begins Jan. 1, 2022. While an
estimated 65 percent of New Yorkers are living in communities that have
already banned polystyrene, New York's statewide ban on polystyrene foam
containers and loose fill packaging is among the first in the nation. DEC
and partners continue outreach efforts to advise affected entities about
the ban, particularly sellers and distributors of disposable food service
containers, such as retail food stores, restaurants, hospitals, and
schools.
"Nearly
two-thirds of New Yorkers already live in communities that are 'foam
free,'" Commissioner Seggos said. "New
York City and Long Island are seeing the benefits of their foam bans with
reduced litter on their landscapes and waterways. Now the rest of the State
is poised to reap the benefits of a cleaner environment. DEC continues to
focus on outreach to educate affected entities, but we know the foam ban
will work and we look forward to less waste in our landfills in 2022."
Expanded polystyrene
(EPS) foam is a major contributor to environmental litter, causing negative
impacts to wildlife, waterways, and natural resources. EPS foam is
lightweight, breaks apart easily, and does not readily biodegrade,
rendering it persistent in the environment and susceptible to becoming
microplastic pollution. In addition, EPS foam containers and loose fill
packaging are not accepted by most recycling programs in New York State
because the foam is difficult to recycle, easily contaminates the recycling
stream, is often soiled, and has low value.
Starting Jan. 1, New
York's 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 in the state. In
addition, no manufacturer or store will be allowed to sell, offer for sale,
or distribute polystyrene loose fill packaging in the state. Disposable
food service containers made of expanded polystyrene foam banned under the
law 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, including containers generally
recognized as designed for single use. Initially, DEC will focus its
efforts to achieve compliance with outreach and education to ensure a
smooth transition for affected stakeholders, with enforcement to follow as
needed.
While the ban begins
Jan. 1, DEC will release final regulations to implement the law in the
coming months to assist stakeholders with complying with the law. Draft
regulations were released earlier this year. Visit the DEC website to learn more.
Examples of covered
food service providers required to comply with the ban include:
·
Food service establishments, caterers, temporary food service
establishments, mobile food service establishments, and pushcarts as
defined in the New York State Sanitary Code;
·
Retail food stores, as defined in Article 28 of the
Agriculture and Markets Law, which include any establishment where food and
food products are offered to the consumer and intended for off-premises consumption;
·
Delis, grocery stores, restaurants, cafeterias, and coffee shops;
·
Hospitals, adult care facilities, and nursing homes; and
·
Elementary and secondary schools, colleges, and universities.
Under the law, any
facility, regardless of income, operated by a not-for-profit corporation or
by a federal, state, or local government agency that provides food and
meals to food insecure individuals at no or nominal charge may request a
financial hardship waiver of the requirements of the law. Examples include
community meal programs, food pantries, and places of worship. For more information, visit DEC's website.
DEC's outreach and
education efforts about the ban are underway, helping those affected by the
new law get up to speed with the requirements. DEC continues to conduct
outreach and education through the website, educational webinars,
newsletters, listservs, magazines, social media, phone calls, and e-mail
communications with stakeholders and the public. In addition, DEC is
working in close partnership with other State agencies such as the
Departments of Health and Agriculture and Markets to distribute outreach
materials to retailers and covered food service providers directly affected
by this law. DEC is also working with other partners, such as the Pollution
Prevention Institute, New York State Center for Sustainable Materials
Management, and New York State Association for Reduction, Reuse and Recycling
to ensure affected providers receive information regarding the ban.
The EPS foam ban
builds on New York's environmental leadership in preventing litter,
reducing waste, and supporting recycling through measures such as the ban
on plastic carryout bags, the bottle bill, and food scrap recycling and
food waste prevention efforts. For more information, go to DEC's website.
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