Amd Art 27 Title 30 Title Head, §§27-3001, 27-3003, 27-3005 & 27-3007, En Con L
Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage beginning January 1, 2026.
STATE OF NEW YORK
________________________________________________________________________
4414--A
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene contain-
ers that are designed or intended to be used for cold storage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 30 of article 27 of the environ-
2 mental conservation law, as added by section 1 of part PP of chapter 58
3 of the laws of 2020, is amended to read as follows:
4 EXPANDED POLYSTYRENE FOAM [CONTAINER] CONTAINERS
5 AND POLYSTYRENE LOOSE FILL PACKAGING BAN
6 § 2. Subdivision 4 of section 27-3001 of the environmental conserva-
7 tion law, as added by section 1 of part PP of chapter 58 of the laws of
8 2020, is amended to read as follows:
9 4. "Manufacturer" means every person, firm or corporation that produc-
10 es or imports polystyrene loose fill packaging or expanded polystyrene
11 containers that are not wholly encapsulated or encased within a more
12 durable container and are designed or intended to be used for cold stor-
13 age that is sold, offered for sale, or distributed in the state.
14 § 3. The section heading of section 27-3003 of the environmental
15 conservation law, as added by section 1 of part PP of chapter 58 of the
16 laws of 2020, is amended and a new paragraph (c) is added to subdivision
17 1 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06060-07-4
S. 4414--A 2
1 Expanded polystyrene foam [container] containers and polystyrene loose
2 fill packaging ban.
3 (c) Beginning January first, two thousand twenty-six, no covered food
4 service provider, manufacturer or store shall sell, offer for sale, or
5 distribute expanded polystyrene containers that are not wholly encapsu-
6 lated or encased within a more durable container and are designed or
7 intended to be used for cold storage, including but not limited to cool-
8 ers and ice chests.
9 § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
10 mental conservation law, as added by section 1 of part PP of chapter 58
11 of the laws of 2020, is amended and a new paragraph (c) is added to read
12 as follows:
13 (b) Raw meat, pork, seafood, poultry or fish sold for the purpose of
14 cooking or preparing off-premises by the customer[.]; or
15 (c) Expanded polystyrene containers that are not wholly encapsulated
16 or encased within a more durable container and are designed or intended
17 to be used for cold storage:
18 (i) for drugs, medical devices, and biological materials as defined in
19 the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.);
20 or
21 (ii) animal biologics, including vaccines, bacterins, antisera, diag-
22 nostic kits, and other products of biological origin, and other packag-
23 ing materials regulated by the United States department of agriculture
24 under the virus, serum, toxin act (21 U.S.C. 151-159), including
25 vaccines.
26 § 5. Subdivision 1 of section 27-3007 of the environmental conserva-
27 tion law, as added by section 1 of part PP of chapter 58 of the laws of
28 2020, is amended to read as follows:
29 1. Except as provided in subdivisions two and three of this section,
30 this title shall supersede and preempt all local laws, ordinances or
31 regulations governing the sale, offer for sale, or distribution of
32 disposable food service containers or containers designed or intended to
33 be used for cold storage containing expanded polystyrene foam and polys-
34 tyrene loose fill packaging.
35 § 6. This act shall take effect immediately.
