Polystyrene Foam Ban

The state of New York has adopted a ban on expanded polystyrene, single-use foam good and beverage containers, and polystyrene loose fill packaging materials (packing peanuts).

This new law will not allow any covered food service provider (examples below) to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam. The law will also not allow manufacturers or stores to sell, offer for sale, or distribute polystyrene loose fill packaging (packing peanuts).

The Polystyrene Foam Ban goes into effect January 1, 2022.

Food Service providers, which sell or distribute prepared food or beverages must comply with this new law. These include:

  • Delis
  • Grocery Stores
  • Soup Kitchens & Food Pantries
  • Restaurants
  • Hospitals
  • Nursing Homes
  • Elementary & Secondary Schools
  • Colleges

(This list is not all inclusive)

If you are a Food Service Provider, please visit the Department of Environmental Conservation website for more information on waiver eligibility and the waiver request form.


The law does not apply to:

  • Packaging for eggs, raw meat, seafood, poultry, or fish sold for the purpose of cooking off premises by the customer
  • Prepackaged food filled or sealed prior to receipt at a food service provider (example: Cup-of-Noodles)
  • Containers made from rigid polystyrene resin that is not expanded, extruded, or foamed (example: clear plastic container with a #6 resin code)

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