New York Expands Polystyrene Foam Containers And Loose Fill Packaging Ban

When the calendar changes to a new year, certain new laws go into effect both nationally and at the state level.

2026 is no exception, especially in New York State. One such law is actually an expansion of a ban set in 2020. That year, the Empire State began a ban on expanded polystyrene, single-use foam food and beverage containers, and polystyrene loose fill packaging materials. We commonly refer to this as packing peanuts.

At the time, according to the New York State Department of Environmental Conservation, this became the nation's strongest state ban on packing peanuts. Four years later, New York State amended that law to include a ban on certain expanded polystyrene foam containers that are used for cold storage.

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Fast forward to January 1, 2026. The NYS DEC notes this latest addition to the law:

No covered food service provider, manufacturer, or store is allowed to sell, offer for sale, or distribute expanded polystyrene containers 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.

The NYS DEC explains that Polystyrene foam packaging is one of the top contributors to environmental litter. It causes negative impacts to wildlife, waterways, and other natural resources, as well as littering our communities and natural areas.

This product doesn't readily biodegrade, ends up as litter, lasts a long time, and could become microplastic pollution. Even recycling is not an option in New York State since foam containers and loose-fill packaging are difficult to recycle and have a low value.

There are a few exceptions, says the NYS DEC. The law does not apply to raw meat, pork, seafood, poultry, or fish sold for the purpose of cooking or preparing off-premises by the customer, prepackaged food filled or sealed before receipt at a covered food service provider, and food service containers made from rigid polystyrene resin that has not been expanded, extruded, or foamed.

Check out more on Expanded Polystyrene foam containers and Polystyrene loose fill packaging ban, by visiting the NYS DEC section of the conservation law article.