N.Y. ENV Law § 27-3001 — New York Code / Act ENV / Article 27 / Title 30 / Section 27-3001
Definitions
Status: in_force

§ 27-3001. Definitions.\n  For the purposes of this title, the following terms shall have the\nfollowing meanings:\n  1. "Covered food service provider" means a person engaged in the\nbusiness of selling or distributing prepared food or beverages for\non-premise or off-premise consumption including but not limited to: (a)\nfood service establishments, caterers, temporary food service\nestablishments, mobile food service establishments, and pushcarts as\ndefined in the New York State Sanitary Code; (b) retail food stores as\ndefined in article 28 of the agriculture and markets law; (c)\ndelicatessens; (d) grocery stores; (e) restaurants; (f) cafeterias; (g)\ncoffee shops; (h) hospitals, adult care facilities, and nursing homes;\nand (i) elementary and secondary schools, colleges, and universities.\n  2. "Disposable food service container" means a bowl, carton,\nclamshell, cup, lid, plate, tray, or any other product that is designed\nor used for the temporary storage or transport of a prepared food or\nbeverage including a container generally recognized by the public as\nbeing designed for single use.\n  3. "Expanded polystyrene foam" means expanded foam thermoplastics\nutilizing a styrene monomer and processed by any number of techniques.\nSuch term shall not include rigid polystyrene.\n  4. "Manufacturer" means every person, firm or corporation that\nproduces or imports polystyrene loose fill packaging or expanded\npolystyrene containers that are not wholly encapsulated or encased\nwithin a more durable container and are designed or intended to be used\nfor cold storage that is sold, offered for sale, or distributed in the\nstate.\n  5. "Polystyrene loose fill packaging" means a void-filling packaging\nproduct made of expanded polystyrene foam that is used as a packaging\nfill, commonly referred to as packing peanuts.\n  6. "Prepared food" means food or beverages that are cooked, chopped,\nsliced, mixed, brewed, frozen, heated, squeezed, combined or otherwise\nprepared on the premises of a covered food service provider for\nimmediate consumption and require no further preparation to be consumed.\nPrepared food includes but is not limited to ready to eat takeout foods\nand beverages.\n  7. "Rigid polystyrene" means plastic packaging made from rigid,\npolystyrene resin that has not been expanded, extruded, or foamed.\n  8. "Store" means a retail or wholesale establishment other than a\ncovered food service provider.\n
N.Y. ENV Law § 27-3005 — New York Code / Act ENV / Article 27 / Title 30 / Section 27-3005
Exemptions and waivers
Status: in_force

§ 27-3005. Exemptions and waivers.\n  1. Notwithstanding any inconsistent provision of law, this title shall\nnot apply to:\n  (a) Prepackaged food filled or sealed prior to receipt at a covered\nfood service provider; or\n  (b) Raw meat, pork, seafood, poultry or fish sold for the purpose of\ncooking or preparing off-premises by the customer; or\n  * (c) Expanded polystyrene containers that are not wholly encapsulated\nor encased within a more durable container and are used for cold storage\nfor:\n  (i) drugs and medical devices as defined in the federal food, drug,\nand cosmetic act (21 U.S.C. Sec. 301 et seq.);\n  (ii) animal biologics, including vaccines, bacterins, antisera,\ndiagnostic kits, and other products of biological origin, and other\npackaging materials regulated by the United States department of\nagriculture under the virus, serum, toxin act (21 U.S.C. 151-159),\nincluding vaccines;\n  (iii) tissues as defined in section forty-three hundred sixty of the\npublic health law or biological products as defined in the federal\nPublic Health Service Act (42 U.S.C. Sec 262);\n  (iv) temperature-sensitive samples, cultures or specialized laboratory\nreagents requiring cold storage during shipment, either delivered to or\nreceived from:\n  (A) the department of agriculture and market's food laboratory\npursuant to its duties under the agriculture and markets law; or\n  (B) laboratories for testing to help ensure human health, animal\nhealth, and/or food safety pursuant to statutory or regulatory\nrequirements of, or standards established under, programs administered\nby the department, the department of health, the department of\nagriculture and markets, the United States department of agriculture\nand/or the United States food and drug administration; or\n  (v) microbial cultures used for dairy, meat, or fermented beverage\nmanufacturing and requiring cold storage during shipment or delivery to\ndairy or meat processing plants or breweries and wineries as defined in\nsection three of the alcoholic beverage control law.\n  * NB Effective until January 1, 2030\n  * (c) Expanded polystyrene containers that are not wholly encapsulated\nor encased within a more durable container and are used for cold storage\nfor:\n  (i) drugs and medical devices as defined in the federal food, drug,\nand cosmetic act (21 U.S.C. Sec. 301 et seq.);\n  (ii) animal biologics, including vaccines, bacterins, antisera,\ndiagnostic kits, and other products of biological origin, and other\npackaging materials regulated by the United States department of\nagriculture under the virus, serum, toxin act (21 U.S.C. 151-159),\nincluding vaccines;\n  (iii) tissues as defined in section forty-three hundred sixty of the\npublic health law or biological products as defined in the federal\nPublic Health Service Act (42 U.S.C. Sec 262); or\n  (iv) temperature-sensitive samples, cultures or specialized laboratory\nreagents requiring cold storage during shipment, either delivered to or\nreceived from:\n  (A) the department of agriculture and market's food laboratory\npursuant to its duties under the agriculture and markets law; or\n  (B) laboratories for testing to help ensure human health, animal\nhealth, and/or food safety pursuant to statutory or regulatory\nrequirements of, or standards established under, programs administered\nby the department, the department of health, the department of\nagriculture and markets, the United States department of agriculture\nand/or the United States food and drug administration.\n  * NB Effective January 1, 2030 until January 1, 2035\n  * (c) Expanded polystyrene containers that are not wholly encapsulated\nor encased within a more durable container and are used for cold storage\nfor:\n  (i) drugs and medical devices as defined in the federal food, drug,\nand cosmetic act (21 U.S.C. Sec. 301 et seq.);\n  (ii) animal biologics, including vaccines, bacterins, antisera,\ndiagnostic kits, and other products of biological origin, and other\npackaging materials regulated by the United States department of\nagriculture under the virus, serum, toxin act (21 U.S.C. 151-159),\nincluding vaccines; or\n  (iii) tissues as defined in section forty-three hundred sixty of the\npublic health law or biological products as defined in the federal\nPublic Health Service Act (42 U.S.C. Sec 262).\n  * NB Effective January 1, 2035\n  2. Any facility, regardless of its income, including soup kitchens,\nfood pantries and places of worship, operated by a not-for-profit\ncorporation or by a federal, state, or local government agency that\nprovides food to needy individuals at no or nominal charge, and any\ncovered food service provider having an annual gross income under five\nhundred thousand dollars per location as stated on the income tax filing\nfor the most recent tax year and that: (a) does not operate ten or more\nlocations within the state; and (b) is not operated pursuant to a\nfranchise agreement may request from the department, in a manner and\nform established by the department, a financial hardship waiver of the\nrequirements of section 27-3003 of this title. Such waiver request may\napply to one or more disposable food service containers sold, offered\nfor sale, or distributed by any such covered food service provider. The\ndepartment shall grant a waiver if such covered food service provider\ndemonstrates that there is no alternative product of comparable cost\nthat is not composed of expanded polystyrene foam and that the purchase\nor use of an alternative product that is not composed of expanded\npolystyrene foam would create an undue financial hardship. Such\nfinancial hardship waiver shall be valid for twelve months and shall be\nrenewable upon application to the department.\n
N.Y. ENV Law § 27-3007 — New York Code / Act ENV / Article 27 / Title 30 / Section 27-3007
Preemption
Status: in_force

§ 27-3007. Preemption.\n  1. Except as provided in subdivisions two and three of this section,\nthis title shall supersede and preempt all local laws, ordinances or\nregulations governing the sale, offer for sale, or distribution of\ndisposable food service containers or containers designed or intended to\nbe used for cold storage containing expanded polystyrene foam and\npolystyrene loose fill packaging.\n  2. Any local law, ordinance or regulation of any county shall not be\npreempted if such local law, ordinance or regulation provides\nenvironmental protection equal to or greater than the provisions of this\ntitle or any rules or regulations promulgated hereunder, and such county\nfiles with the department a written declaration of its intent to\nadminister and enforce such local law, ordinance or regulation.\n  3. This title shall not apply in a city with a population of one\nmillion or more which has a local law, ordinance or regulation in place\nwhich restricts the sale, offer for sale, or distribution of expanded\npolystyrene containers and polystyrene loose fill packaging.\n
N.Y. ENV Law § 27-3009 — New York Code / Act ENV / Article 27 / Title 30 / Section 27-3009
Severability
Status: in_force

§ 27-3009. Severability.\n  If any clause, sentence, paragraph, section or part of this title\nshall be adjudged by any court of competent jurisdiction to be invalid,\nsuch judgment shall not affect, impair or invalidate the remainder\nthereof, but shall be confined in its operation to the clause, sentence,\nparagraph, section or part thereof directly involved in the controversy\nin which such judgment shall have been rendered.\n
N.Y. PBG Law § 433 — New York Code / Act PBG / Article 13 / Title 30 / Section 433
Johnson City Housing Authority
Status: in_force

§ 433. Johnson City Housing Authority.  A municipal housing authority,\nto be known as the Johnson City Housing Authority, is hereby created and\nestablished for the incorporated village of Johnson City in the county\nof Broome for the accomplishment of any or all of the purposes specified\nin article eighteen of the constitution of the state of New York. It\nshall constitute a body corporate and politic, be perpetual in duration\nand consist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. ENV Law § 27-3003 — New York Code / Act ENV / Article 27 / Title 30 / Section 27-3003
Expanded polystyrene foam containers and polystyrene loose fill packaging ban
Status: in_force

§ 27-3003. Expanded polystyrene foam containers and polystyrene loose\n               fill packaging ban.\n  1. (a) Beginning January first, two thousand twenty-two, no covered\nfood service provider or store shall sell, offer for sale, or distribute\ndisposable food service containers that contain expanded polystyrene\nfoam in the state.\n  (b) Beginning January first, two thousand twenty-two, no manufacturer\nor store shall sell, offer for sale, or distribute polystyrene loose\nfill packaging in the state.\n  (c) Beginning January first, two thousand twenty-six, no covered food\nservice provider, manufacturer or store shall sell, offer for sale, or\ndistribute expanded polystyrene containers that are not wholly\nencapsulated or encased within a more durable container and are designed\nor intended to be used for cold storage, including but not limited to\ncoolers and ice chests.\n  2. The department is authorized to promulgate any other such rules and\nregulations as it shall deem necessary to implement the provisions of\nthis title including criteria related to what constitutes comparable\ncosts pursuant to subdivision two of section 27-3005 of this title.\n