News from DEC's Office of Environmental Justice - Polystyrene Foam Ban Updates

New York State Department of Environmental Conservation
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Polystyrene Foam Ban Updates

Foam Free NY Outreach Materials Now Available

Effective January 1, 2022, no covered food service provider or store (retail or wholesale) will be allowed to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in New York state. In addition, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging (commonly referred to as packing peanuts) in the state.

Proposed 6 NYCRR Part 353 will implement the prohibition on the sale and distribution of expanded polystyrene foam containers and loose fill “packing peanuts.”

Educational materials that provide information about New York State’s foam ban are now available. Materials include a flyer and rack card summarizing the requirements of law and a social media toolkit with graphics. Please check back to the foam ban webpage for materials that are translated into different languages.

Waiver Request Form Now Available
Covered food service providers and facilities that meet certain criteria may request a renewable 12-month financial hardship waiver from DEC. Determine if you are eligible, and download the waiver request form online. The waiver request form is available for download in English, Spanish, Chinese, Russian, Yiddish, Bengali, Korean, Haitian Creole, Italian, Arabic and Polish languages. You can find waiver request forms that are translated into these languages on DEC's website.

Public Comment Period
Persons wishing to comment on the proposed Part 353 regulations have the opportunity to submit written comments or make a statement at the following virtual public comment hearing.

  • November 15, 2021 1 p.m. – Virtual Public Hearing - Register

DEC will accept written public comments through November 22, 2021 at

For more information about NY state’s Foam Ban contact, with any questions.

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