What's happening
This bill bans restaurants and food vendors in New York from using polystyrene disposable food service containers.
Why it matters
Significantly impacts restaurant and food vendor operations. by requiring a shift away from common, inexpensive polystyrene (Styrofoam) products—meaning businesses must find and purchase alternative packaging materials, which could affect costs and supply chains.
Targets a wide range of businesses. , including not only traditional restaurants but also food trucks, grocery stores, delis, and any mobile or stationary vendor selling prepared foods, broadening the scope and potential impact of the ban.
Enforcement is robust and multi-layered. , empowering the state attorney general, district attorneys, and local government attorneys to enforce the law, seek injunctions, and levy civil penalties—potentially leading to significant legal and financial consequences for violators.
Aims to reduce environmental and public health risks. associated with polystyrene, which is not biodegradable, often ends up as litter, and can leach chemicals into food and the environment—underscoring the bill’s broader significance for sustainability and community health.
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Who cares
Headline styles
Ban Polystyrene Food Containers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer 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 Assembly Committee · Consumer Affairs And Protection · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2307
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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
S. 2307 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.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting the use of polystyrene containers by restaurants and food vendors
Purpose
To prohibit the use of single use plastic foam containers by restau- rants, food service establishments and food vendors.
Summary of provisions
Section 1 of the bill amends the General Business Law by adding a new section 399-ccc to prohibit the use of polystyrene disposable food service ware containers by food service establishments, food vendors, or mobile food service establishments for the packing of food or drink to be taken from such establishment or vendor. The section defines the following terms:
1. "Polystyrene" or "polystyrene foam" means blown polystyrene and expanded foams utilizing a styrene monomer and processed by any number of techniques.
2. "Food service establishment" means any area, including outdoor seat- ing areas, in which the business is the sale of food for on-premises consumption.
3. "Food vendor" means any store, shop, sales outlet, or other estab- lishment, including a grocery store, delicatessen or restaurant that sells prepared food.
4. "disposable food service ware" means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designed for onetime use for prepared foods.
5. "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 service food intended for individual portions service.
Violations of this section may be enforced by the attorney general and may include injunctive relief. In addition, the district attorney, coun- ty attorney, and the corporation counsel shall have concurrent authority to enforce this section.
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 a food service establishment, food vendor, or mobile food service estab- lishment uses polystyrene disposable food service ware may constitute a separate violation.
Section 2 is the effective date.
Justification
Polystyrene foam, more commonly known as Styrofoam, is used by restau- rant and other food vendors for single use cups and food containers.
Styrofoam is difficult to recycle and doesn't decompose. These foam cups and containers not only build up in landfills, but they make up a significant portion of the trash polluting local waterways-causing seri- ous harm to marine animals-and are a major source of neighborhood litter. In addition, in 2011 the U.S. Department of Health and Human services listed styrene, which is used to make polystyrene, as a possi- ble carcinogen.
There are approximately 100 municipalities across the country that have laws limiting the use of Styrofoam including New York City (effective July 1, 2015), Albany County, Suffolk County and Glen Cove in New York, Washington, D.C., and the cities of Minneapolis, San Francisco, Oakland, Portland and Seattle.
Moreover, restaurants themselves are increasingly seeking alternatives to polystyrene foam food containers. Fast-food chains McDonald's and Dunkin' Donuts announced they would phase out foam cups.
Styrofoam single use containers cause significant harm to the environ- ment and may be a health hazard as well.
This legislation will ban the use of this harmful product.
Fiscal impact on the state
None.
Legislative history
2018: S8078/A1866 - REFERRED TO CONSUMER PROTECTION/ referred to consum- er affairs and protection
2017: A1866 - Referred to Consumer Protection/ referred to consumer affairs and protection
2016: A5232A - referred to consumer affairs and protection
2015: A5232A - reported and referred to codes
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.