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Gov Cuomo Proposes State-Wide Single-Use Styrofoam Container Ban

ALBANY, NY -- Governor Andrew M. Cuomo has proposed a ban on the distribution and use of expanded polystyrene, commonly known as Styrofoam, single-use food containers. The proposal also bans the sale of expanded polystyrene packaging “peanuts.” The move follows a citywide ban in the big apple on single-use foam containers and packing peanuts that began Jan. 1, 2019. Additionally, the bill would authorize the State Department of Environmental Conservation to review and take action to limit or ban other p...

December 30, 2019 by Emily Jed

ALBANY, NY -- Governor Andrew M. Cuomo has proposed a ban on the distribution and use of expanded polystyrene, commonly known as Styrofoam, single-use food containers. The proposal also bans the sale of expanded polystyrene packaging "peanuts."

The move follows a citywide ban in the big apple on single-use foam containers and packing peanuts that began Jan. 1, 2019.

Additionally, the bill would authorize the State Department of Environmental Conservation to review and take action to limit or ban other packaging material upon a finding of environmental impact. This would be the strongest statewide ban in the United States and would go into effect by Jan. 1, 2022. The proposed ban will build on the Governor's historic effort to reduce environmental pollution statewide, including the recent ban on single-use plastic bags first announced by the Governor in his 2019 State of the State address. 

"Styrofoam is one of the most common pollutants and a public health hazard that impacts humans and the environment alike," Governor Cuomo said. "From take-out containers to packing peanuts, this material is everywhere and it will continue to pollute our waters and harm our wildlife for generations to come if we do not act. With this proposal, we can build on our nation-leading initiatives to protect the environment and move New York another step closer to a greener, more sustainable future."

The ban exempts prepackaged food sealed prior to receipt at a restaurant or foodservice establishment, as well as packaging for uncooked or raw meat, fish or eggs. Violators will be penalized with a fine starting at $250. Second, third and fourth violations will be fined $500, $1,000 and $2,000 respectively.

Since taking office in 2011, Gov. Cuomo has continuously reaffirmed New York State's commitment to reduce solid waste in the state, promote increased reuse of the products New Yorkers use, and encourage increase rates of recycling, first outlined in the Solid Waste Management Act of 1988. Gov. Cuomo has overseen the implementation of numerous extended producer responsibility programs, reportedly helping divert over 725 million pounds of electronic waste, mercury thermostats and rechargeable batteries from landfill disposal.

In 2019, Gov. Cuomo accomplished a key goal when he signed landmark legislation banning single-use plastic bags in New York State. This milestone accomplishment, which goes into effect in March 2020,. New York is one of only eight states to have a single-use plastic bag ban in place and would be only the second state after Maine to enact a statewide ban.