S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4943--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN, KELLES, GIBBS, REYES, LEVENBERG -- read
   once and referred to the Committee on  Environmental  Conservation  --
   recommitted  to the Committee on Environmental Conservation in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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] CONTAINERS
                 AND POLYSTYRENE LOOSE FILL PACKAGING 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 OR 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 STOR-
 AGE that is sold, offered for sale, or distributed in the state.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06060-06-4
 A. 4943--A                          2
              

 
   Expanded polystyrene foam [container] CONTAINERS and polystyrene loose
 fill packaging ban.
   (C)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO COVERED FOOD
 SERVICE PROVIDER, MANUFACTURER OR STORE SHALL SELL, OFFER FOR  SALE,  OR
 DISTRIBUTE  EXPANDED POLYSTYRENE CONTAINERS THAT ARE NOT WHOLLY ENCAPSU-
 LATED OR ENCASED WITHIN A MORE DURABLE CONTAINER  AND  ARE  DESIGNED  OR
 INTENDED TO BE USED FOR COLD STORAGE, INCLUDING BUT NOT LIMITED TO COOL-
 ERS AND ICE CHESTS.
   § 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 THAT ARE NOT WHOLLY ENCAPSULATED
 OR ENCASED WITHIN A MORE DURABLE CONTAINER AND ARE DESIGNED OR  INTENDED
 TO  BE  USED  FOR COLD STORAGE:
   (I) 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.);
 OR
   (II) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS,  ANTISERA, DIAG-
 NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER  PACKAG-
 ING  MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT  OF AGRICULTURE
 UNDER THE  VIRUS,  SERUM,  TOXIN  ACT  (21  U.S.C.  151-159),  INCLUDING
 VACCINES.
   §  5.  Subdivision 1 of section 27-3007 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:
   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 OR CONTAINERS DESIGNED OR INTENDED TO
 BE USED FOR COLD STORAGE containing expanded polystyrene foam and polys-
 tyrene loose fill packaging.
   § 6. This act shall take effect immediately.