The New York State Department of Environmental Conservation (DEC) is reminding businesses, organizations, and consumers of upcoming waste reduction law requirements taking effect on January 1, 2026. The provisions will help reduce pollution by expanding the State’s ban on the sale or distribution of polystyrene foam food service containers to include cold storage containers and further limits the availability of single-use plastic bottles for personal care products at hotels.
“New York State’s efforts to reduce polystyrene foam and single-use plastics continue to be success stories for preventing plastic pollution and improving recycling,” DEC Commissioner Amanda Lefton said. “Expansion of these restrictions will further benefit New York State residents and the environment and will encourage a switch to container and packaging options that are reusable, recyclable, and compostable.”
New York State continues to advance comprehensive waste management efforts to address the impacts of solid waste on climate change and increase waste reduction, reuse, and recycling practices among New Yorkers. Through nation-leading research partnerships and policies that include the plastic bag ban, food donation and recycling law, post-consumer paint collection, and the State’s Solid Waste Management Plan, among many other initiatives, DEC’s ongoing efforts protect water and air quality, improve quality of life for communities, and prevent emissions that contribute to climate change. For more information about waste reduction, reuse, and recycling and steps New Yorkers can take, visit DEC’s website.
Expanding the State’s Polystyrene Foam Ban
Polystyrene foam is one of the top contributors of environmental litter, causing negative impacts to fish and wildlife, waterways, and other natural resources, as well as littering local communities and natural areas. Polystyrene foam is lightweight, breaks apart easily, and does not readily biodegrade. When polystyrene foam ends up as litter in the environment, it can persist for a long time and may also become microplastic pollution. In addition, polystyrene foam containers and packing peanuts are not accepted in most recycling programs in New York State because the foam is difficult to recycle and has a low value.
Beginning January 1, 2026, no covered food service provider, manufacturer, or store will be allowed to sell, offer for sale, or distribute expanded polystyrene foam containers in New York State 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. New York State’s foam ban prohibiting the sale or distribution of polystyrene foam disposable food service containers—including cups, bowls, plates, and trays — as well as polystyrene foam packing peanuts, has been in effect since January 1, 2022. The State’s polystyrene foam ban does not include New York City, which implements a separate city-wide ban on these products.
For more information about the new requirements, including affected businesses and organizations, container types, and exemptions and how to submit a complaint, please visit DEC’s Polystyrene Foam Ban Webpage or e-mail [email protected] with questions.
Expanded Restrictions on Hotel Hospitality Personal Care Products in Plastic Bottles
The practice of hospitality properties providing small plastic hospitality bottles of personal care products in guest rooms and retail shops has proven wasteful in both natural resources and products. Many small, single-use plastic hospitality bottles of personal care products like shampoo, conditioner, moisturizers, and soaps/body wash, are often discarded. Plastic bottles are resistant to degradation and last many years in a landfill. As plastic bottles deteriorate, the residual contents of the products are released into the environment, while the packaging itself can also release micro and nano plastics that can negatively impact humans, wildlife, and local eco-systems.
Beginning January 1, 2026, New York State’s existing ban on the use of small plastic bottles containing personal care products will be expanded to any hotel, apartment hotel, motel, or boarding house with less than 50 rooms. The new provision will prohibit these entities from providing any small plastic bottle containing less than 12 ounces of a hospitality personal care product. A hospitality personal care product is any product intended to be used on the human body for cleansing, conditioning, or moisturizing.
For more information or to file a complaint, please visit DEC’s Small Plastic Hospitality Bottles Webpage or e-mail [email protected].
