Amd Art 27 Title 30 Title Head, 27-3001, 27-3003, 27-3005 & 27-3007, En Con L
Relates to prohibiting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage beginning January 1, 2026.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4943A
SPONSOR: Epstein TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage
SUMMARY OF PROVISIONS:
Section 1 amends the title heading of title 30 of article 27 of the
environmental conservation law
Section 2 amends subdivision 4 of section 27-3001 of the environmental
conservation law to include manufacturers of expanded polystyrene cool-
ers
Sections 3 & 4 amend respectively section 27-3003 and 27-3005 to prohib-
it the sale or distribution of polystyrene coolers by January 1, 2026
Section 5 amends subdivisions 1 and 3 of the environmental conservation
law, preempting local laws and ordinances
Section 6 provides the effective date
JUSTIFICATION:
While New York State and other jurisdictions have taken steps to ban
polystyrene foam food and beverage containers, most such bans have left
out one major source of polystyrene pollution: polystyrene foam coolers.
These coolers - which are favored by day-trippers for their portability
and insulation - pose a particular environmental threat. Many people
bring foam coolers with them to beaches or lakes; this proximity to our
waterways makes it more likely that the coolers end up as pollution.
Many foam coolers are left behind as litter or placed in open waste
receptacles and ultimately wash into the water. Every year, as many as
seven million foam cooler boxes are sold across the nation. Too many of
these will end up in our lakes, rivers, and oceans.
Polystyrene foam presents risks to public health. While the full impact
on human health is still being studied, scientists have concluded that
microplastics leach toxic chemicals that can accumulate in the body and
pose serious health consequences. The National Institute of Health, for
example, recently added styrene - a major component of polystyrene foam
- to their list of anticipated human carcinogens. Across the country,
legislative bodies have been taking action phase out polystyrene cool-
ers. Washington state was the first, and so far, only, state to adopt a
statewide ban on-foam coolers.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately after becoming law
STATE OF NEW YORK
________________________________________________________________________
4943--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. EPSTEIN, KELLES, GIBBS, REYES, LEVENBERG -- read
once and referred to the Committee on Environmental Conservation --
recommitted to the Committee on Environmental Conservation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale or distribution of expanded polystyrene contain-
ers that are designed or intended to be used for cold storage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The title heading of title 30 of article 27 of the environ-
2 mental conservation law, as added by section 1 of part PP of chapter 58
3 of the laws of 2020, is amended to read as follows:
4 EXPANDED POLYSTYRENE FOAM [CONTAINER] CONTAINERS
5 AND POLYSTYRENE LOOSE FILL PACKAGING BAN
6 § 2. Subdivision 4 of section 27-3001 of the environmental conserva-
7 tion law, as added by section 1 of part PP of chapter 58 of the laws of
8 2020, is amended to read as follows:
9 4. "Manufacturer" means every person, firm or corporation that produc-
10 es or imports polystyrene loose fill packaging or expanded polystyrene
11 containers that are not wholly encapsulated or encased within a more
12 durable container and are designed or intended to be used for cold stor-
13 age that is sold, offered for sale, or distributed in the state.
14 § 3. The section heading of section 27-3003 of the environmental
15 conservation law, as added by section 1 of part PP of chapter 58 of the
16 laws of 2020, is amended and a new paragraph (c) is added to subdivision
17 1 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06060-06-4
A. 4943--A 2
1 Expanded polystyrene foam [container] containers and polystyrene loose
2 fill packaging ban.
3 (c) Beginning January first, two thousand twenty-six, no covered food
4 service provider, manufacturer or store shall sell, offer for sale, or
5 distribute expanded polystyrene containers that are not wholly encapsu-
6 lated or encased within a more durable container and are designed or
7 intended to be used for cold storage, including but not limited to cool-
8 ers and ice chests.
9 § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
10 mental conservation law, as added by section 1 of part PP of chapter 58
11 of the laws of 2020, is amended and a new paragraph (c) is added to read
12 as follows:
13 (b) Raw meat, pork, seafood, poultry or fish sold for the purpose of
14 cooking or preparing off-premises by the customer[.]; or
15 (c) Expanded polystyrene containers that are not wholly encapsulated
16 or encased within a more durable container and are designed or intended
17 to be used for cold storage:
18 (i) for drugs, medical devices, and biological materials as defined in
19 the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.);
20 or
21 (ii) animal biologics, including vaccines, bacterins, antisera, diag-
22 nostic kits, and other products of biological origin, and other packag-
23 ing materials regulated by the United States department of agriculture
24 under the virus, serum, toxin act (21 U.S.C. 151-159), including
25 vaccines.
26 § 5. Subdivision 1 of section 27-3007 of the environmental conserva-
27 tion law, as added by section 1 of part PP of chapter 58 of the laws of
28 2020, is amended to read as follows:
29 1. Except as provided in subdivisions two and three of this section,
30 this title shall supersede and preempt all local laws, ordinances or
31 regulations governing the sale, offer for sale, or distribution of
32 disposable food service containers or containers designed or intended to
33 be used for cold storage containing expanded polystyrene foam and polys-
34 tyrene loose fill packaging.
35 § 6. This act shall take effect immediately.
