What's happening
This bill bans restaurants and food vendors in New York from using polystyrene containers to package leftover food for customers.
Why it matters
Reduces environmental pollution. By banning polystyrene containers for leftovers, the bill targets a major source of non-biodegradable litter, which often ends up in waterways and landfills, contributing to long-term environmental damage.
Promotes alternatives and changes business practices. Restaurants and food vendors will be required to shift to more sustainable packaging options, potentially accelerating the adoption of biodegradable or recyclable materials in the food service industry.
Establishes clear enforcement and penalties. The bill gives the Attorney General and local authorities the power to enforce the ban, with civil penalties of up to $500 per violation per day, ensuring strong incentives for compliance and local retention of penalty funds.
Signals broader policy trends. This measure reflects growing state-level efforts to address single-use plastics, possibly influencing consumer expectations and paving the way for further environmental legislation in New York and beyond.
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Who cares
Headline styles
Ban Polystyrene Takeout Containers
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Polystyrene Takeout Containers
In Senate Committee · Consumer Protection · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1057
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. ABINANTI, SIMON, ORTIZ, COLTON -- Multi-Sponsored by -- M. of A. GOTTFRIED, THIELE -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the use of polystyrene containers by restaurants and food vendors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-eee to read as follows:
§ 399-eee. Prohibiting the use of polystyrene containers by restaurants and other food vendors to package unconsumed food. 1. Definitions. The following terms shall have the following meanings as used in this section:
(a) "polystyrene" or "polystyrene foam" means blown polystyrene and expanded foams utilizing a styrene monomer and processed by any number of techniques. Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.
(b) "food service establishment" means any area, including outdoor seating areas, in which the business is the sale of food for on-premises consumption.
(c) "food vendor" means any store, shop, sales outlet, or other establishment, including a delicatessen or restaurant that sells prepared foods and provides for on-premises consumption of such foods.
(d) "disposable food service ware" means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designed for one-time use for prepared foods and may be used to package leftovers from partially consumed meals prepared by food service establishments and/or food vendors.
2. Use of polystyrene disposable food service ware prohibited for packaging unconsumed food. No food service establishment or food vendor shall use polystyrene disposable food service ware for the packaging of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02189-01-9
A. 1057 2
unconsumed food or drink remaining after a meal to be taken from such food service establishment or food vendor by patrons.
3. Enforcement and violations. (a) Whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
(b) Any person who violates this section shall be subject to a civil penalty of not more than five hundred dollars for each violation. Each day in which a food service establishment or food vendor uses polystyrene disposable food service ware in violation of this section may constitute a separate violation.
(c) In addition, the district attorney, county attorney, and the corporation counsel shall have concurrent authority to seek the relief in paragraph (b) of this subdivision, and all civil penalties obtained in any such action shall be retained by the municipality or county.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.