New York State’s Polystyrene Foam Ban Expanded

SEATTLE (Scrap Monster): In 2020, New York State adopted the nation’s strongest state ban of expanded polystyrene, single-use foam food and beverage containers, and polystyrene loose fill packaging materials, commonly known as packing peanuts. On January 1, 2026, the state’s Foam Ban expanded to include a ban on polystyrene foam coolers and other containers designed or intended to be used for cold storage.

No covered food service provider, manufacturer or store is allowed to sell, offer for sale, or distribute expanded polystyrene foam containers that are not wholly encapsulated or encased within a more durable container, and are designed or intended to be used for cold storage, including, but not limited to, coolers and ice chests.

The law had previously banned covered food service providers or stores (retail or wholesale) from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam.

Polystyrene is a synthetic plastic derived from petroleum. It can be manufactured as a hard, transparent solid (used for CD cases and clear food containers) or as the lightweight foam (expanded polystyrene) – often known by the DuPont brand name Styrofoam.

If you observe any of the banned polystyrene foam containers or packaging being sold, offered for sale, or distributed in New York State you can notify NYSDEC by submitting a complaint using the online complaint form on the Polystyrene Foam Ban Webpage.

Foam bans have proven to be an effective tool to successfully reduce the prevalence of polystyrene foam in the environment and the waste stream, and they encourage a shift to alternatives, such as those that may be recyclable, compostable, or reuseable.

Exemptions to the ban include raw meat, pork, seafood, poultry, or fish sold for the purpose of cooking or preparing off-premises by the customer; prepackaged food filled or sealed prior to receipt at a covered food service provider; food service containers made from rigid polystyrene resin that has not been expanded, extruded, or foamed (e.g., clear plastic containers marked with a #6 resin identifier); and a city with a population of one million or more which has a local polystyrene ban in place.

Courtesy: www.newyorlalmanack.com