People have already bid farewell to plastic bags, and next will be polystyrene foam containers.

As of January 1, New York State’s new law banning the use of expanded polystyrene, disposable foam food and beverage containers, and polystyrene loose-filled packaging materials (packaging peanuts) has taken effect.

According to the New York State Department of Environmental Protection, foam packaging is one of the main contributors to environmental waste, negatively affecting wildlife, waterways and other natural resources, and littering our communities and natural areas.

According to DEC, polystyrene foam is lightweight, easy to decompose, and not easily biodegradable. When polystyrene foam eventually becomes garbage in the environment, it can exist for a long time, or it can become microplastic pollution.

DEC also stated that foam containers and loose-filled packaging (such as packed peanuts) are not accepted in most recycling programs in New York State because foam is difficult to recycle and has low value.

The new ban states that DEC will “protect the environment, our communities, and support sustainable materials management.”

According to the ban, under DEC, no covered food service provider or store (retail or wholesale) is allowed to sell, offer for sale or distribute disposable food service containers containing expanded polystyrene foam in New York. In addition, no manufacturer or store may sell, offer to sell or distribute polystyrene-packaged peanuts in the state.

Covered food service providers are considered anyone engaged in the business of selling or distributing prepared food or beverages for on-site or off-site consumption. According to DEC, this includes food service agencies, catering vendors, delicatessens, grocery restaurants, cafeterias, coffee shops, hospitals, schools, colleges and universities, temporary food service agencies, mobile food service agencies, and trolleys.

In addition, in New York State, no retail or wholesale store may sell, offer for sale, or distribute disposable food service containers or loose-filled packaging containing expanded polystyrene foam. This includes any non-food retail or wholesale organization.

In addition, any individual, company or company that produces or imports expanded polystyrene loose-filled packaging is not allowed to sell, offer to sell, or distribute expanded polystyrene loose-filled packaging in New York State.

DEC stated that the law will prohibit the use of disposable food service containers made of expanded polystyrene, including bowls, cartons, hinged "flip" containers, cups, lids, plates, trays or any other design or use for temporary storage or Ship ready products. Food or beverage, including any container that is generally considered to be designed for single use. According to the law, polystyrene loose-filled packaging will also be banned.

However, according to DEC, the law does not include:

· Raw meat, pork, seafood, poultry or fish sold for customers to cook or prepare off-site;

· Receipt of previously filled or sealed pre-packaged food at an insured food service provider;

· Food service containers made of rigid polystyrene resin that are not expanded, squeezed or foamed.

· A city with a population of 1 million or more has implemented a local polystyrene ban, and

· Any county that has issued a polystyrene ban in accordance with local laws, ordinances, or regulations, provides environmental protection equal to or higher than state laws, and the county submits a written statement to DEC. All other local laws take precedence over state laws.

Any facility operated by a non-profit company or federal, state or local government agency that provides food and meals to food-insecure individuals for free or symbolically, regardless of income, can apply for a financial hardship exemption law.

Show your support for our local journalism

With your support, we can continue to provide award-winning reports to your mailbox (and inbox) every week. Every reader’s contribution will have an impact and help our reporters continue to cover the most important local news.