Cuomo Proposes Banning Single-Use Styrofoam In New York

As part of his 2020 agenda, Gov. Andrew Cuomo announced a proposal to ban single-use Styrofoam food containers in New York.

The ban on expanded polystyrene foam — commonly known as Styrofoam — would also ban packing peanuts. Cuomo said the proposed law would also give the state's Department of Environmental Conservation the authority to review and take action to limit or ban other packaging material if it finds it creates an environmental impact.

"Styrofoam is one of the most common pollutants and a public health hazard that impacts humans and the environment alike," Cuomo said. "From take-out containers to packing peanuts, this material is everywhere and it will continue to pollute our waters and harm our wildlife for generations to come if we do not act. With this proposal, we can build on our nation-leading initiatives to protect the environment and move New York another step closer to a greener, more sustainable future."

If passed, the ban would be the strongest statewide ban in the United States, Cuomo said. It would go into effect by Jan. 1, 2022.

The ban exempts prepackaged food sealed prior to receipt at a restaurant or food service establishment, as well as packaging for uncooked or raw meat, fish or eggs. Violators will be penalized with a fine starting at $250. Second, third and fourth violations will be fined $500, $1,000 and $2,000 respectively.

Styrofoam is one of the top ten contributors to environmental litter, Cuomo said. The EPA estimates that the U.S. produces more than 3 million tons of polystyrene, which are non-biodegradable. These containers often break down over time and enter waterways and wildlife areas as microplastics, where they pollute water sources and harm wildlife that ingest them.

Human exposure to styrene, the primary chemical in Styrofoam, is primarily through inhalation during manufacturing. The National Toxicology Program has determined styrene is "reasonably anticipated to be a human carcinogen." Small amounts of styrene can also be transferred to food from styrene-based packaging materials.

“While we encourage sensible measures that are good for our environment, we must also be mindful of placing additional burdens on restaurants that already struggle to navigate all the government red tape associated with hundreds of regulations," said Melissa Fleischut, president and CEO of the New York State Restaurant Association. "As we await the details, we’ll advocate for a hardship provision that protects restaurants from dramatic price increases that would negatively affect the feasibility of their operations – as some localities have already chosen to do.”