New York State to Follow NYC’s Ban on Styrofoam: Starting Jan. 1, 2022

By Yehudit Garmaise

On Jan. 1, 2022, the state will take the lead of New York City, which banned single-use food containers and packing peanuts made out of polystyrene foam three years ago to dramatically reduce the vast amounts of difficult-to-recycle foam that ends up bulking up landfills.

The New York City Council initially passed the law that allowed the Styrofoam ban in 2013, but many lawsuits prevented them from taking effect until 2019.

“We all grew up with these Styrofoam cups blowing around the street and waterways and parks,” said Basil Seggos, the state environmental conservation commissioner told Gothamist. “That stuff doesn’t biodegrade. So, we’ve seen a good increase in cleanliness in the city and where these bans have been in place, and we’re looking forward to seeing that statewide now.”

In start of the coming year, according to state law, no manufacturers or retail stores statewide will be allowed to sell or distribute packing peanuts. In addition, no NY stores, restaurants, delis, grocery stores, and cafeterias will be able to distribute or sell disposable foam food containers.

Just as the city allows for some Styrofoam exceptions, the state does as well, such as continuing to allow the foam trays that hold pounds of ground beef under plastic wrap because the new law exempts polystyrene foam containers that are used for raw meat, poultry, and fish that customers buy to cook at home.

Pre-packaged food, and not takeout, which is already sealed by the time it reaches restaurants, delis, and grocery stores, are also exempted.

New York City restaurants have adapted to the move away from Styrofoam by replacing it with other materials, such as aluminum, rigid plastics, and uncoated paper, said Vincent Gragnani, a spokesman for the NY Department of Sanitation, which enforces the city’s Styrofoam ban, along with the city’s Department of Health and Mental Hygiene.

Judith Enck, president of the advocacy group Beyond Plastics, said she hopes to see New Yorkers start to bring their own reusable containers to restaurants to bring food home.  

In the rest of New York state, the Department of Environmental Conservation (DEC) will have the authority to enforce the new statewide ban.

Violators of the state’s ban on Styrofoam will be charged the same amounts as violators of the city’s ban: $250 for first offenses, $500 for second offenses, and $1,000 for third and subsequent offenses in a 12-month period.

Since 2019, the city DSNY has issued a summons for 186 foam-ban violations citywide.

When the state law first takes effect when the calendar turns to 2022, businesses outside the city can expect a short grace period during which The DEC intends to educate them about the ban first before resorting to financial penalties, Seggos said.

 

 Photo: Flickr