Suffolk Law Aiming To Reduce Plastic Use Goes Into Effect

SUFFOLK COUNTY, NY — Two Suffolk County laws meant to reduce plastics use went into effect on Wednesday, the Suffolk County Department of Health Services announced.

One law bans the possession, sale or use of disposable polystyrene foam food-service items in all stores and food-service establishments, and the other requires that single-use beverage straws and stirrers are provided to customers only upon request.

"These laws are consistent with the Department of Health Services’ mission to protect public health and the environment," Suffolk County Health Commissioner Dr. James Tomarken said via press release. "Staff in our Bureau of Public Health Protection has been educating the business community about the new laws and will continue to do so after they become effective."

As official at the turn of the new year, no eatery, mobile food commissary or store can possess, sell or offer any disposable food service container made of polystyrene foam. No manufacturer or store may sell or offer polystyrene loose fill packaging. One-time use beverage straws and stirrers, which must be biodegradable, can only be provided to customers who ask for them. Straws can no longer be wrapped in plastic.

Exempt from the law are packaging that is used for foods that have been filled and sealed before receipt by the food-service establishment or store; containers used to store uncooked eggs, raw meat, seafood, or poultry sold from a retail case; electronics that are packaged in polystyrene loose fill packaging before entering the store, and pre-packaged single-serve beverages in which a small plastic straw is included in the packaging.

Beverage straws and stirrers may be provided at a drive-through window or self-service beverage station without a request by the consumer. However, these straws and stirrers must be biodegradable. A consumer with a disability or a medical condition may be provided with a plastic or other non-biodegradable straw or stirrer if they request.

The rationale for the ban of certain plastics in Suffolk County is to protect public health and the environment. In May 2018, styrene was reclassified from a possible human carcinogen to a probable human carcinogen by the International Agency for Research on Cancer, a non-governmental body of the World Health Organization. The United States Environmental Protection Agency has determined that the polystyrene manufacturing process is the fifth largest creator of hazardous waste in the U.S. There is no practical method to recycle polystyrene and incineration of polystyrene releases toxic fumes, according to the Suffolk County Department of Health Services. The use of biodegradable or compostable food-service products will reduce the waste stream and cost of waste disposal in Suffolk County, the department said.

Plastic straws are among the top 10 pollution debris items found on beaches and contribute to plastic pollution that litters the ground and clogs oceans, rivers, and waterways, according to the department. Plastic straws are frequently ingested by marine life, causing adverse life effects and possibly death.

Biodegradable bioplastics, including recyclable paperboard and compostable bagasse made from the fibers of sugarcane, are pre-existing alternatives to plastic food-service items. Customers may choose to drink beverages without a straw, or they may opt for disposable, single-use paper straws, or reusable straws made of metal, glass, silicone, or bamboo.

The Department of Health Services will enforce both laws during routine inspections and on a complaint basis. Violations for non-compliance will be cited beginning on Jan. 1, 2020, but formal enforcement action will only be pursued for violations cited on or after July 1, 2020. The Department’s focus during the first six months of the year will be educating the business community and the public about these laws and best practices for compliance.

More information about the new local laws to reduce the use of plastics in Suffolk County can be had from the Suffolk County Department of Health Services’ Bureau of Public Health Protection at 631-852-5999.