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St. Lawrence County restaurants face state ban on foam food containers starting Jan. 1

Posted 12/30/21

Restaurant owners, food businesses and retailers in St. Lawrence County will face a new challenge to doing business starting Jan. 1 when the state’s ban on expanded polystyrene foam containers and …

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St. Lawrence County restaurants face state ban on foam food containers starting Jan. 1

Posted

Restaurant owners, food businesses and retailers in St. Lawrence County will face a new challenge to doing business starting Jan. 1 when the state’s ban on expanded polystyrene foam containers and 'packing peanuts' begins.

Starting Jan. 1, New York’s ban prohibits any person engaged in the business of selling or distributing prepared food or beverages for on- or off-premises consumption from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam in the state.

In addition, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging in the state.

Disposable food service containers made of expanded polystyrene foam banned under the law include bowls, cartons, hinged "clamshell" containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages, including containers generally recognized as designed for single use.

Initially, DEC will focus its efforts to achieve compliance with outreach and education to ensure a smooth transition for affected stakeholders, with enforcement to follow as needed.

While the ban begins Jan. 1, DEC will release final regulations to implement the law in the coming months to ensure compliance. Draft regulations were released earlier this year. Visit the DEC website to learn more: https://www.dec.ny.gov/regulations/123704.html.

Examples of covered food service providers required to comply with the ban include:

• Food service establishments, caterers, temporary food service establishments, mobile food service establishments, and pushcarts as defined in the New York State Sanitary Code;

• Retail food stores, as defined in Article 28 of the Agriculture and Markets Law, which include any establishment where food and food products are offered to the consumer and intended for off-premises consumption;

• Delis, grocery stores, restaurants, cafeterias, and coffee shops;

• Hospitals, adult care facilities, and nursing homes; and

• Elementary and secondary schools, colleges, and universities.

Under the law, any facility, regardless of income, operated by a not-for-profit corporation or by a federal, state, or local government agency that provides food and meals to food insecure individuals at no or nominal charge may request a financial hardship waiver of the requirements of the law. Examples include community meal programs, food pantries, and places of worship. For more information, visit https://www.dec.ny.gov/chemical/120762.html.

While an estimated 65 percent of New Yorkers are living in communities that have already banned polystyrene, New York’s statewide ban on polystyrene foam containers and loose fill packaging is among the first in the nation, said a press release from the state Department of Environmental Conservation.

DEC and partners continue outreach efforts to advise affected entities about the ban, particularly sellers and distributors of disposable food service containers, such as retail food stores, restaurants, hospitals, and schools, claimed the DEC.