Bill Text: NY A04943 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed) 2024-03-25 - REFERRED TO ENVIRONMENTAL CONSERVATION [A04943 Detail]
Download: New_York-2023-A04943-Amended.html
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. LBD06060-06-4A. 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.
