The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4943
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The title heading of title 30 of article 27 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended to read as follows:
   EXPANDED POLYSTYRENE FOAM  CONTAINER  [AND],  POLYSTYRENE  LOOSE  FILL
 PACKAGING AND POLYSTYRENE COOLER BAN
   §  2.  Subdivision 4 of section 27-3001 of the environmental conserva-
 tion law, as added by section 1 of part PP of chapter 58 of the laws  of
 2020, is amended to read as follows:
   4. "Manufacturer" means every person, firm or corporation that produc-
 es or imports polystyrene loose fill packaging that is sold, offered for
 sale,  or  distributed  in the state, OR THAT MAKES EXPANDED POLYSTYRENE
 PORTABLE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE  USED  FOR  COLD
 STORAGE.
   §  3.  The  section  heading  of  section 27-3003 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, is amended and a new paragraph (c) is added to subdivision
 1 to read as follows:
   Expanded  polystyrene  foam  container  [and],  polystyrene loose fill
 packaging, AND POLYSTYRENE COOLER ban.
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER OR STORE SHALL SELL, OFFER FOR  SALE,  OR
 DISTRIBUTE EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED
 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

 
 ICE CHESTS, WHICH ARE NOT WHOLLY ENCAPSULATED OR ENCASED WITHIN  A  MORE
 DURABLE MATERIAL.
   § 4. Paragraph (b) of subdivision 1 of section 27-3005 of the environ-
 mental  conservation law, as added by section 1 of part PP of chapter 58
 of the laws of 2020, is amended and a new paragraph (c) is added to read
 as follows:
   (b) Raw meat, pork, seafood, poultry or fish sold for the  purpose  of
 cooking or preparing off-premises by the customer[.]; OR
   (C)  EXPANDED  POLYSTYRENE CONTAINERS USED FOR DRUGS, MEDICAL DEVICES,
 AND BIOLOGICAL MATERIALS AS DEFINED  IN  THE  FEDERAL  FOOD,  DRUG,  AND
 COSMETIC ACT (21 U.S.C. SEC. 301 ET SEQ.).
   §  5.  Subdivisions  1  and  3 of section 27-3007 of the environmental
 conservation law, as added by section 1 of part PP of chapter 58 of  the
 laws of 2020, are amended to read as follows:
   1.  Except  as provided in subdivisions two and three of this section,
 this title shall supersede and preempt all  local  laws,  ordinances  or
 regulations  governing  the  sale,  offer  for  sale, or distribution of
 disposable food service containers containing expanded polystyrene  foam
 [and];   polystyrene  loose  fill  packaging  AND  EXPANDED  POLYSTYRENE
 CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED FOR COLD STORAGE.
   3. This title shall not apply in a  city  with  a  population  of  one
 million  or more which has a local law, ordinance or regulation in place
 which restricts the sale, offer for sale, or  distribution  of  expanded
 polystyrene  containers  [and],  polystyrene  loose  fill  packaging AND
 EXPANDED POLYSTYRENE CONTAINERS THAT ARE DESIGNED OR INTENDED TO BE USED
 FOR COLD STORAGE.
   § 6. This act shall take effect immediately.