New York ban on foam food containers, packing peanuts goes into effect Jan. 1

Foam containers are stacked in a restaurant

Polystyrene foam soup containers are stacked in a New York restaurant in a file photo.Mark Lennihan | AP Photo

Single-use containers and packing peanuts made of polystyrene foam, commonly known as Styrofoam, will be banned in New York starting Jan. 1.

Lawmakers banned the foam as part of the state budget in 2020.

The new rule means no restaurant or store covered by the ban will be able to use foam food containers. Foam packing peanuts will be outlawed for manufacturers and retailers.

The ban also applies to caterers, food carts, food trucks, retail food stores, delis, grocery stores, cafeterias, coffee shops, hospitals, adult care facilities, nursing homes, schools, colleges and more, according to the state Department of Environmental Conservation. Full details are available online.

The ban is meant to help cut down on waste.

Foam packaging and containers are top sources of litter, according to the DEC. They break apart easily, don’t biodegrade rapidly and can linger in the environment for a long time.

Containers banned under the new law include bowls, cartons, hinged clamshell-style containers, cups, lids, plates, trays and any other product meant to temporarily store or carry prepared foods or drinks.

There are some exemptions. Stores can still use foam packaging for raw meat, pork, seafood, poultry or fish. And the ban does not apply to containers made of rigid polystyrene resin.

Covered food service providers can also use foam containers for prepackaged food that has been filled or sealed before a customer gets it.

Nonprofits and government agencies that provide food to people in need can get a waiver from the law’s requirements. That includes community meal programs, food pantries and places of worship, according to the DEC.

Businesses that would normally be covered by the law can also apply for a waiver if they have annual gross income under $500,000 per location, do not have more than 10 locations in New York and are not franchises.

You can find information on how to apply for waivers on the state DEC website.

A mix of alternative materials is replacing the foam. Many businesses are switching to some type of paper or fiber-based material.

Contact Kevin Tampone anytime: Email | Twitter | Facebook | 315-282-8598

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.