DEC reminds New Yorkers of expanded waste reduction laws now in effect

Includes expansion of state's polystyrene foam ban, restrictions on hotel hospitality single-use plastic bottles

Submitted by the New York State Department of Environmental Conservation

The New York State Department of Environmental Conservation is reminding businesses, organizations, and consumers of waste reduction law requirements that took effect Jan. 1. The provisions will help reduce pollution by expanding the state’s ban on the sale or distribution of polystyrene foam food service containers to include cold storage containers, and further limits the availability of single-use plastic bottles for personal care products at hotels.

“New York state’s efforts to reduce polystyrene foam and single-use plastics continue to be success stories for preventing plastic pollution and improving recycling,” DEC Commissioner Amanda Lefton said. “Expansion of these restrictions will further benefit New York state residents and the environment, and will encourage a switch to container and packaging options that are reusable, recyclable and compostable.”

New York state continues to advance comprehensive waste management efforts to address the impacts of solid waste on climate change and increase waste reduction, reuse and recycling practices among New Yorkers. Through nation-leading research partnerships and policies that include the plastic bag ban, food donation and recycling law, post-consumer paint collection, and the state’s solid waste management plan, among many other initiatives, DEC’s ongoing efforts protect water and air quality, improve quality of life for communities, and prevent emissions that contribute to climate change. For more information about waste reduction, reuse and recycling and steps New Yorkers can take, visit DEC’s website. 

Expanding state’s polystyrene foam ban

Polystyrene foam is one of the top contributors of environmental litter, causing negative impacts to fish and wildlife, waterways and other natural resources, as well as littering local communities and natural areas. Polystyrene foam is lightweight, breaks apart easily, and does not readily biodegrade. When polystyrene foam ends up as litter in the environment, it can persist for a long time and may also become microplastic pollution. In addition, polystyrene foam containers and packing peanuts are not accepted in most recycling programs in New York because the foam is difficult to recycle and has a low value. 

As of Jan. 1, no covered food service provider, manufacturer, or store is allowed to sell, offer for sale, or distribute expanded polystyrene foam containers in New York that are not wholly encapsulated or encased within a more durable container, and are designed or intended to be used for cold storage, including, but not limited to, coolers and ice chests. New York’s foam ban prohibiting the sale or distribution of polystyrene foam disposable food service containers – including cups, bowls, plates and trays – as well as polystyrene foam packing peanuts, has been in effect since Jan. 1, 2022. The state’s polystyrene foam ban does not include New York City, which implements a separate citywide ban on these products.

For more information about the new requirements, including affected businesses and organizations, container types, and exemptions and how to submit a complaint, visit DEC’s polystyrene foam ban webpage or email foamban@dec.ny.gov with questions.

Expanded restrictions on hotel hospitality personal care products in plastic bottles

The practice of hospitality properties providing small plastic hospitality bottles of personal care products in guest rooms and retail shops has proven wasteful in both natural resources and products. Many small, single-use plastic hospitality bottles of personal care products like shampoo, conditioner, moisturizers, and soaps/body wash, are often discarded. Plastic bottles are resistant to degradation and last many years in a landfill. As plastic bottles deteriorate, the residual contents of the products are released into the environment, while the packaging itself can also release micro and nano plastics that can negatively impact humans, wildlife, and local ecosystems.

As of Jan. 1, New York’s existing ban on the use of small plastic bottles containing personal care products has expanded to any hotel, apartment hotel, motel, or boarding house with less than 50 rooms. The new provision prohibits these entities from providing any small plastic bottle containing less than 12 ounces of a hospitality personal care product. A hospitality personal care product is any product intended to be used on the human body for cleansing, conditioning or moisturizing.

For more information or to file a complaint, visit DEC’s small plastic hospitality bottles webpage or email recycling@dec.ny.gov.