S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1680
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 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
   permitting the sale or distribution of expanded polystyrene containers
   that  are designed or intended to be used for cold storage for certain
   purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c) of subdivision 1 of section 27-3005 of the
 environmental conservation law, as added by a chapter  of  the  laws  of
 2024 amending the environmental conservation law relating to prohibiting
 the  sale  or  distribution  of expanded polystyrene containers that are
 designed or intended to be used for cold storage, as proposed in  legis-
 lative  bills  numbers  S.  4414-A  and A. 4943-A, is amended to read as
 follows:
   (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 FOR:
   (i)  [for] drugs[,] AND 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[.];
   (III) TISSUES AS DEFINED IN SECTION FORTY-THREE HUNDRED SIXTY  OF  THE
 PUBLIC  HEALTH  LAW  OR  BIOLOGICAL  PRODUCTS  AS DEFINED IN THE FEDERAL
 PUBLIC HEALTH SERVICE ACT (42 U.S.C. SEC 262);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02914-01-5
 A. 1680                             2
 
              

   (IV) TEMPERATURE-SENSITIVE SAMPLES, CULTURES OR SPECIALIZED LABORATORY
 REAGENTS REQUIRING COLD STORAGE DURING SHIPMENT, EITHER DELIVERED TO  OR
 RECEIVED FROM:
   (A)  THE DEPARTMENT OF AGRICULTURE AND MARKET'S FOOD LABORATORY PURSU-
 ANT TO ITS DUTIES UNDER THE AGRICULTURE AND MARKETS LAW; OR
   (B) LABORATORIES FOR TESTING  TO  HELP  ENSURE  HUMAN  HEALTH,  ANIMAL
 HEALTH,  AND/OR FOOD SAFETY PURSUANT TO STATUTORY OR REGULATORY REQUIRE-
 MENTS OF, OR STANDARDS ESTABLISHED UNDER, PROGRAMS ADMINISTERED  BY  THE
 DEPARTMENT,  THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF AGRICULTURE AND
 MARKETS, THE UNITED STATES DEPARTMENT OF AGRICULTURE AND/OR  THE  UNITED
 STATES FOOD AND DRUG ADMINISTRATION; OR
   (V)  MICROBIAL  CULTURES  USED  FOR DAIRY, MEAT, OR FERMENTED BEVERAGE
 MANUFACTURING AND REQUIRING COLD STORAGE DURING SHIPMENT OR DELIVERY  TO
 DAIRY  OR MEAT PROCESSING PLANTS OR BREWERIES AND WINERIES AS DEFINED IN
 SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
   § 2. Subparagraphs (iii), (iv) and (v) of paragraph (c) of subdivision
 1 of section 27-3005 of the environmental conservation law, as added  by
 section one of this act, are amended to read as follows:
   (iii)  tissues  as defined in section forty-three hundred sixty of the
 public health law or biological  products  as  defined  in  the  federal
 Public Health Service Act (42 U.S.C. Sec 262); OR
   (iv) temperature-sensitive samples, cultures or specialized laboratory
 reagents  requiring cold storage during shipment, either delivered to or
 received from:
   (A) the department of agriculture and market's food laboratory  pursu-
 ant to its duties under the agriculture and markets law; or
   (B)    laboratories  for  testing  to help ensure human health, animal
 health, and/or food safety pursuant to statutory or regulatory  require-
 ments  of,  or standards established under, programs administered by the
 department, the department of health, the department of agriculture  and
 markets,  the  United States department of agriculture and/or the United
 States food and drug administration[; or
   (v) microbial cultures used for dairy,  meat,  or  fermented  beverage
 manufacturing  and requiring cold storage during shipment or delivery to
 dairy or meat processing plants or breweries and wineries as defined  in
 section three of the alcoholic beverage control law].
   §  3.  Subparagraphs (ii), (iii) and (iv) of paragraph (c) of subdivi-
 sion 1 of section 27-3005 of the environmental conservation law, subpar-
 agraph (ii) as amended by section one  of  this  act  and  subparagraphs
 (iii)  and  (iv)  as  amended by section two of this act, are amended to
 read as follows:
   (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; OR
   (iii)  tissues  as defined in section forty-three hundred sixty of the
 public health law or biological  products  as  defined  in  the  federal
 Public Health Service Act (42 U.S.C. Sec 262)[; or
   (iv) temperature-sensitive samples, cultures or specialized laboratory
 reagents  requiring cold storage during shipment, either delivered to or
 received from:
   (A) the department of agriculture and market's food laboratory  pursu-
 ant to its duties under the agriculture and markets law; or
   (B)    laboratories  for  testing  to help ensure human health, animal
 health, and/or food safety pursuant to statutory or regulatory  require-
 A. 1680                             3

 ments  of,  or standards established under, programs administered by the
 department, the department of health, the department of agriculture  and
 markets,  the  United States department of agriculture and/or the United
 States food and drug administration].
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as a chapter of the laws of 2024 amending the environmental
 conservation law relating to prohibiting the  sale  or  distribution  of
 expanded polystyrene containers that are designed or intended to be used
 for cold storage, as proposed in legislative bills numbers S. 4414-A and
 A.  4943-A, takes effect; provided further, however, that section two of
 this act shall take effect January 1, 2030; and provided further, howev-
 er, that section three of this act shall take effect January 1, 2035.