What's happening
This bill prohibits restaurants and food vendors in New York from using polystyrene (foam) containers for takeout food and drink.
Why it matters
Reduces plastic pollution and landfill waste. By banning polystyrene (commonly known as Styrofoam) containers for takeout, the bill aims to cut down on a significant source of non-biodegradable waste that persists in the environment and is difficult to recycle.
Impacts restaurant and vendor operations. Restaurants, food trucks, and other food vendors will need to switch to alternative packaging materials, potentially increasing their operating costs or requiring new supply chains.
Creates enforceable penalties and local authority. The bill gives the attorney general, district attorneys, and local government attorneys the power to enforce the ban and seek penalties, with fines up to $500 per violation per day, and allows local governments to retain collected penalties—potentially incentivizing robust enforcement.
May encourage broader sustainability efforts. By targeting a specific type of single-use plastic, the law could prompt New York’s food service industry and consumers to adopt more sustainable practices, and may lead to further legislative action on other single-use plastics.
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Who cares
Headline styles
Ban Polystyrene Food Containers
Plain English, a few words. Used as the page title.
Sponsors
3 Co-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 Food 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
1647
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. ABINANTI -- 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, food trucks, and other food vendors. 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 grocery store, delicatessen or restaurant that sells prepared 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, including without limitation, service ware takeout foods and/or leftovers from partially consumed meals prepared by food service establishments, food vendors, and/or mobile food service establishments.
(e) "mobile food service establishment" means a self-contained food service operation, located in a vehicle or a movable stand, self or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02183-01-9
A. 1647 2
2. Use of polystyrene disposable food service ware prohibited. No food service establishment, food vendor, or mobile food service establishment shall use polystyrene disposable food service ware for the packaging of food or drink to be taken from such food service establishment, food vendor, or mobile food service establishment 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, food vendor, or mobile food service establishment 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.