Bill Text: NY A04943 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2024-05-08 - RETURNED TO ASSEMBLY [A04943 Detail]

Download: New_York-2023-A04943-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4943

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Environmental Conservation

        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  [AND],  POLYSTYRENE  LOOSE  FILL
     5  PACKAGING AND POLYSTYRENE COOLER 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 that is sold, offered for
    11  sale,  or  distributed  in the state, or that makes expanded polystyrene
    12  portable containers that are designed or intended to be  used  for  cold
    13  storage.
    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:
    18    Expanded  polystyrene  foam  container  [and],  polystyrene loose fill
    19  packaging, and polystyrene cooler ban.
    20    (c) Beginning January first, two thousand twenty-four, no covered food
    21  service provider, manufacturer or store shall sell, offer for  sale,  or
    22  distribute expanded polystyrene containers that are designed or intended
    23  to  be  used  for cold storage, including but not limited to coolers and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06060-01-3
        A. 4943                             2

     1  ice chests, which are not wholly encapsulated or encased within  a  more
     2  durable material.
     3    § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
     4  mental  conservation law, as added by section 1 of part PP of chapter 58
     5  of the laws of 2020, is amended and a new paragraph (c) is added to read
     6  as follows:
     7    (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
     8  cooking or preparing off-premises by the customer[.]; or
     9    (c)  Expanded  polystyrene containers used for drugs, medical devices,
    10  and biological materials as defined  in  the  federal  food,  drug,  and
    11  cosmetic act (21 U.S.C. Sec. 301 et seq.).
    12    §  5.  Subdivisions  1  and  3 of section 27-3007 of the environmental
    13  conservation law, as added by section 1 of part PP of chapter 58 of  the
    14  laws of 2020, are amended to read as follows:
    15    1.  Except  as provided in subdivisions two and three of this section,
    16  this title shall supersede and preempt all  local  laws,  ordinances  or
    17  regulations  governing  the  sale,  offer  for  sale, or distribution of
    18  disposable food service containers containing expanded polystyrene  foam
    19  [and];   polystyrene  loose  fill  packaging  and  expanded  polystyrene
    20  containers that are designed or intended to be used for cold storage.
    21    3. This title shall not apply in a  city  with  a  population  of  one
    22  million  or more which has a local law, ordinance or regulation in place
    23  which restricts the sale, offer for sale, or  distribution  of  expanded
    24  polystyrene  containers  [and],  polystyrene  loose  fill  packaging and
    25  expanded polystyrene containers that are designed or intended to be used
    26  for cold storage.
    27    § 6. This act shall take effect immediately.