What's happening
This bill bans the use of polystyrene foam disposable food service containers in New York and requires alternatives that are compostable or recyclable, with certain waivers and penalties for violations.
Why it matters
Significant reduction of non-biodegradable waste. By banning most polystyrene foam containers, the bill directly targets a major source of persistent plastic pollution that does not break down in the environment, helping to reduce landfill volume and litter in waterways and public spaces.
Market shift toward sustainable materials. The requirement for compostable or recyclable alternatives encourages businesses and institutions to adopt environmentally friendly packaging, potentially spurring innovation, increasing demand for green products, and supporting markets for compostable and recyclable materials.
Impacts on small businesses and nonprofits. The bill offers hardship waivers for small food vendors and nonprofits that cannot afford alternatives or lack feasible options, balancing environmental goals with economic realities and giving these organizations time to adapt.
Local enforcement and community benefit. By allowing municipalities to enforce the law and retain fines, the bill incentivizes local oversight and can provide a revenue stream for further environmental or waste management initiatives in communities.
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Who cares
Headline styles
Ban Polystyrene Foam Containers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Print number 3068b
- Amend and recommit to environmental conservation
- Print number 3068a
- Amend (t) and recommit to environmental conservation
- Referred to environmental conservation
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 · Environmental Conservation · Sponsor Felix Ortiz
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3068--B
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sens. KRUEGER, BAILEY, CARLUCCI, HOYLMAN, KAVANAGH, LIU, SERRANO, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to prohibiting polystyrene waste
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "polystyrene waste reduction act".
§ 2. Article 27 of the environmental conservation law is amended by adding a new title 20 to read as follows:
TITLE 20
POLYSTYRENE WASTE REDUCTION Section 27-2001. Definitions.
27-2003. Prohibited disposable food service containers.
27-2005. Required compostable or recyclable disposable food
service containers.
27-2007. Unique packaging or financial hardship waiver. § 27-2001. Definitions.
As used in this title:
1. "Affordable" means purchasable for not more than fifteen percent more than the purchase cost of the non-compostable or non-recyclable alternative.
2. "Agency" means any state department, agency, board, public benefit corporation, public authority, or commission.
3. "Agency or municipal facility" means any building, structure or vehicle owned or operated by the agency or municipality.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00006-08-9
S. 3068--B 2
4. "Agency or municipal contractors and lessees" means any person or entity that has a contract with an agency or a municipality for public works or improvements to be performed, for a franchise, concession or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the agency or municipality or to be paid out of monies deposited in the treasury or out of trust monies under the control or collected by the agency or municipality.
5. "Agency or municipal facility food provider" means an entity that provides, but does not sell, prepared food in agency or municipal facilities.
6. "Chain retail food vendor" means a retail food vendor with five or more locations that conduct business under the same business name or operate under common ownership or management or pursuant to a franchise agreement with the same franchisor.
7. "Compostable" means all the materials in the product or package meet the American Society for Testing and Materials (ASTM) International Standard Specification for Compostable Plastics D6400, and will:
(a) undergo degradation by biological processes during composting in an appropriate municipal or industrial composting facility to yield carbon dioxide, water, inorganic compounds, and biomass at a rate consistent with other known compostable materials in similar facilities; and
(b) leave no visible, distinguishable or toxic residue, including no adverse impact on the ability of composts to support plant growth once the finished compost is placed in soil.
8. "Home compostable" means all the materials in the product or package conform with the Vincotte OK Compost Home certification using the European Norm 13432 standard, or a comparable standard as determined by the department, and will:
(a) undergo degradation by biological processes during composting in a home compost pile or device to yield carbon dioxide, water, inorganic compounds, and biomass at a rate consistent with other known compostable materials in similar facilities; and
(b) leave no visible, distinguishable or toxic residue, including no adverse impact on the ability of composts to support plant growth once the finished compost is placed in soil.
9. "Disposable food service containers" means all containers, bowls, plates, trays, cartons, cups, lids and other items that are designed or generally recognized by the public as being designed for one-time use to hold, contain, or transport foods, including without limitation, containers for takeout foods and/or leftovers from partially consumed meals prepared by retail food vendors. For the purposes of this title, the term "disposable food service container" does not include containers or other items that are used for the transportation, storage, or display of raw eggs, or raw uncooked butchered meats, fish, seafood, and/or poultry sold from a butcher case or similar retail appliance.
10. "Municipality" means a village, town, city, or county, or any designated agency thereof.
11. "Polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres, injection molding, foam molding, and extrusion-blown molding. Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. Such term shall not include rigid polystyrene.
S. 3068--B 3
12. "Prepared food" means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared (collectively "prepared") for individual customers or consumers. For the purposes of this title, prepared food includes takeout food, but does not include raw, butchered meats, pork, fish, seafood and/or poultry sold from a butcher case or similar retail appliance.
13. "Recyclable" means material that can be sorted, cleansed and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
14. "Restaurant" means any establishment that sells prepared food for consumption on, near, or off its premises. For purposes of this title, the term includes a restaurant operating from a temporary facility, cart, vehicle or mobile unit.
15. "Retail food vendor" means any store, shop, sales outlet, or other establishment, including a grocery store, delicatessen or restaurant that sells prepared food. § 27-2003. Prohibited disposable food service containers.
1. Retail food vendors shall not possess, sell, or offer for use disposable food service containers that contain polystyrene foam. This subdivision shall not apply to polystyrene foam containers used for prepackaged food that have been filled and sealed prior to receipt by the retail food vendors.
2. Agency or municipal facility food providers shall not possess, sell, or offer for use disposable food service containers that contain polystyrene foam.
3. Agencies and municipalities shall not purchase, acquire or use disposable food service containers that contain polystyrene foam.
4. Agency or municipal contractors and lessees shall not possess, sell, or offer for use disposable food service containers that contain polystyrene foam in agency or municipal facilities or while performing under an agency or municipal contract or lease.
5. Nothing in this section shall be construed to govern the activities of contractors and lessees that occur outside of the state or activities of contractors and lessees that occur with entities other than agencies or municipalities. § 27-2005. Required compostable or recyclable disposable food service
containers.
1. All retail food vendors, agencies, municipalities, agency and municipal facility food providers, and municipal contractors and lessees operating in municipal facilities or performing under a municipal contract or lease using any disposable food service containers shall use a suitable affordable compostable, home compostable, or recyclable product, unless there is no suitable affordable compostable, home compostable, or recyclable product available as determined by the department pursuant to a waiver in accordance with section 27-2007 of this title.
2. Nothing in this section shall be construed to govern the activities of contractors and lessees that occur outside of the state or activities of contractors and lessees that occur with entities other than agencies or municipalities. § 27-2007. Unique packaging or financial hardship waiver.
1. Any not-for-profit corporation, regardless of its income, and any retail food vendor that had a gross income under five hundred thousand dollars per location on their annual income tax filing for the most recent tax year and is not part of a chain retail food vendor may
S. 3068--B 4
request from the department, in a manner and form established by the department, a unique packaging or financial hardship waiver of the requirements of this title. Such waiver request may apply to one or more types of disposable food service containers possessed, sold, or offered for use by any such not-for-profit corporation or retail food vendor.
2. The department shall grant such waiver if such not-for-profit corporation or retail food vendor proves:
(a) that no reasonably feasible alternative exists to a specific and necessary type of polystyrene foam disposable food service container; or
(b) that there is no comparable, affordable disposable food service container not composed of polystyrene foam and that the purchase or use of an alternative disposable food service container not composed of polystyrene foam would create an undue financial hardship; or
(c) that there is no suitable affordable compostable, home compostable, or recyclable product available as an alternative to any type of disposable food service container.
3. Such unique packaging or financial hardship waiver shall be valid for twelve months and shall be renewable upon application to the department. A pending application for such waiver shall be a defense to any notice of violation issued pursuant to this title to which such pending application relates and such notice of violation shall be dismissed.
§ 3. The environmental conservation law is amended by adding a new section 71-2730 to read as follows: § 71-2730. Enforcement of sections 27-2003 and 27-2005 of this chapter.
1. Any person who shall violate section 27-2003 or 27-2005 of this chapter shall receive a warning notice for the first such violation. A person shall be liable to the state of New York for a civil penalty of not more than two hundred fifty dollars for the first violation after receiving a warning, not more than five hundred dollars for the second violation in the same calendar year, and not more than one thousand dollars for each subsequent violation in the same calendar year. For the purposes of this section, each commercial transaction shall constitute no more than one violation. A hearing or opportunity to be heard shall be provided prior to the assessment of any civil penalty.
2. (a) The department, the department of agriculture and markets, the department of health, and the attorney general are hereby authorized to enforce the provisions of sections 27-2003 and 27-2005 of this chapter.
(b) The provisions of section 27-2003 or 27-2005 of this chapter may also be enforced by a village, town, city, or county and the local legislative body thereof may adopt local laws, ordinances or regulations consistent with this title providing for the enforcement of such provisions.
3. Any fines that are collected by the state during proceedings by the state to enforce the provisions of section 27-2003 or 27-2005 of this chapter shall be retained by the state. Any fines that are collected by a municipality during proceedings by the municipality to enforce such provisions within the municipality shall be retained by the municipality.
§ 4. This act shall take effect on the three hundred sixty-fifth day after it shall have become a law. This act shall apply only to agency and municipal contracts executed or extended on or after the effective date. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting polystyrene waste
Purpose
To prohibit the use of food service containers that contain polystyrene foam by food service providers, including state agencies and munici- palities, and their contractors and lessees, as well as restaurants and retail food vendors. Polystyrene is used as a means to package prepared food that can be "taken out" of food establishments by consumers. This bill would require food service providers to use alternate products that are compostable or recyclable.
Summary of provisions
Article 27 is amended to add a new Title 20 Polystyrene Waste Reduction. 27-2001 - Definitions.
Read the full memo (888 words)
27-2003 - Prohibited disposable food service containers. Retail food venders, agencies and municipalities, agency and municipal facility food providers, agency and municipal contractors and lessees shall not sell prepared food in disposable food service containers that contain polys- tyrene foam.
27-2005 - Required compostable or recyclable disposable food service containers. All entities covered under section 27-2203 using any dispos- able food service container shall use a suitable, affordable composta- ble, home compostable or recyclable product unless there is no such product available.
27-2007 - Unique packaging or financial hardship waiver. Any not-forpro- fit corporation regardless of income, and any retail food vendor with a gross income under $500,000 per location that is not part of a chain may request a unique packaging or financial hardship waiver from the Depart- ment of Environmental Conservation.
71-2730 - Anyone in violation shall receive a warning notice for the first violation. A person shall be liable for a civil penalty of $250 for the first violation after a warning, $500 for the second violation, and $1,000 for each subsequent violation in the same calendar year. Enforcement of provisions will be the responsibility of the Departments of Environmental Conservation.
Agriculture and Markets, and Health, and the Attorney General. Provisions may also be enforced by a village, town, city, or county, which are empowered to create local laws, ordinances, or regulations consistent with this title.
Justification
Polystyrene foam is a liquid hydrocarbon that is commercially manufac- tured from petroleum. Each year Americans throw away 25,000,000, 000 polystyrene foam cups, which equates to 1,369 tons of polystyrene foam products every day. A single polystyrene foam cup can take up to 500 years to fully disintegrate. Polystyrene foam, or 'styrofoam' is an unsustainable product made from petroleum, a fossil fuel and a non-re- newable resource. Fossil fuels increase carbon dioxide emissions and other potent greenhouse gases that exacerbate global warming and cause climate change.
Polystyrene foam is also very difficult to recycle due to its light weight and low scrap value. It is generally not accepted in curbside programs, is seldom able to be reused, and takes up a considerable amount of space in landfills. Research suggests that landfills are rapidly filling up and contain as much as 30% of the toxin-leaching, non-biddegradable polystyrene products. Due to the physical properties of polystyrene foam, the United States Environmental Protection Agency states "that such materials can have serious impacts on human health, wildlife, and the aquatic environment," because the product breaks down, can clog waterways, and is mistaken for food by wildlife.
Polystyrene foam manufacturers are the fifth largest producers of toxic waste in the United States (U.S.). One of the components of polystyrene foam, styrene, is a known hazardous substance which was added to the U.S. Health Department's list of carcinogens in June of 2011. Styrene exposure increases the risk of leukemia and lymphoma and is a neurotox- in. Many people do not realize that when they reheat,food in a polystyr- ene foam product using a microwave, toxins are released into their food.
Polystyrene foam bans can be found in California, Florida, Maine, Mary- land, Massachusetts, Minnesota, New Jersey, Oregon, Texas, Washington and Washington D.C. San Francisco, CA realized a 36% decrease in polys- tyrene food service ware after a one year ban. Food establishments that have participated in programs to reduce the use of single-use food service ware have also saved thousands of dollars per year.
Albany County's Chief Executive Dan McCoy expanded a ban on polystyrene foam service ware in Albany County in. September of 2018. The ban, initially enacted in 2014 only for chain food establishments, now requires county government, agencies and those who do business with Albany County to do the same. A ban on the use of polystyrene single-use food and beverage containers in New York City, required under Local Law 142, became effective on January 1, 2019.
This bill would address the environmental impacts of polystyrene foam service ware across New York State, while allowing for exceptions in cases of financial hardship or where there is no viable alternative product.
Fiscal impact on the state
Undetermined.
Legislative history
2017-18 S.5837/A.10578 Ortiz - died in Environmental Conservation 2015-16 S.2782/A.5762 Kavanagh - died in Environmental Conservation 2013-14 S.3444-A/A.119-A Kavanagh - died in Environmental Conservation 2011-12 S.426/A.6231 Kavanagh - notice of committee consideration; discharged to Rules 2009-10 S.747-A/A.706-A Kavanagh - died in Environmental Conservation 2007-08 S.6402/A.9420 - notice of motion to petition - lost
Effective date
This act shall take effect one year from the date after it shall have become law. This act shall apply only to agency and municipal contracts executed or extended on or after the effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.