Often marketed as Styrofoam, the material is used in food packaging, but it is a significant contributor to environmental litter, waterway pollution and harm to wildlife.
The material breaks apart easily, but takes hundreds of years to biodegrade, making it prone to turning into microplastic, according to the state environment ministry.
The material is also not accepted by most of the state’s recycling programs because it is difficult to recycle, the recycling is slightly contaminated, and “often polluted” according to DEC.
The nationwide ban applies to all expanded polystyrene foam that is used as “loose filling” – so-called packaging peanuts – and containers used in the hospitality industry, including bowls, cardboard boxes, collapsible containers, cups, lids, plates, trays and all other containers, which are generally considered to be disposable packaging.
Expanded polystyrene foam can retain heat, does not leak, and is cheaper than other packaging materials, making it a prime candidate for temporary food storage. The DEC contacts food service providers to inform them about the new law.
Food service providers need to find alternative packaging materials, but supply chain problems make aluminum – a possible replacement for the material – difficult to come by.
Almost two-thirds of New Yorkers already live in communities banning the material, DEC state commissioner Basil Seggos said.
Albany banned the use of the materials by chains in 2013 and in all catering establishments in 2018.
A provision in the new regulations allows nonprofits and government agencies that provide free food to low-income people to continue using the material.
After the law comes into force on January 1st, the DEC will publish its final regulations in the coming months.
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