New York City Bans Single-Use Styrofoam Products

Beginning July 1, businesses can no longer use or sell the non-recyclable packaging.

January 12, 2015

NEW YORK – The de Blasio Administration today announced last week that beginning July 1, 2015, New York City foodservice establishments, stores and manufacturers may not possess, sell or offer for use single service Expanded Polystyrene (EPS) foam articles or polystyrene loose fill packaging, such as “packing peanuts.”

The city’s Department of Sanitation (DSNY) determined that EPS Foam cannot be recycled, which led to the ban. DSNY also determined that there currently is no market for post-consumer EPS collected in a curbside metal, glass and plastic recycling program. As a result of the ban, manufacturers and stores may not sell or offer single-use foam items such as cups, plates, trays or clamshell containers in the city. The sale of polystyrene loose fill packaging, such as “packing peanuts” is also banned.

“While much of the waste we produce can be recycled or reused, polystyrene foam is not one of those materials,” said Sanitation Commissioner Kathryn Garcia. “Removing polystyrene from our waste stream is not only good for a greener, more sustainable New York, but also for the communities who are home to landfills receiving the city’s trash.”

Local Law 142, passed by the City Council in December 2013, required the sanitation commissioner to determine “whether EPS single service articles can be recycled at the designated recycling processing facility at the South Brooklyn Marine Terminal in a manner that is environmentally effective, economically feasible, and safe for employees.” Under the law, if EPS is not found to be recyclable, it must be banned.

The law allows businesses a six month grace period from the July 1 effective date – January 1, 2016 – before fines can be imposed. Non-profits and small businesses with less than $500,000 in revenue per year may apply for hardship exemptions from the Department of Small Business Services (SBS) if they can prove that the purchase of alternative products not composed of EPS would create undue financial hardship. SBS will begin accepting applications for hardship waivers in March 2015. 

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