NY State Senate Bill 2025-S773

Senate Bill S773

2025-2026 Legislative Session

Relates to permitting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage for certain purposes

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to environmental conservation delivered to assembly passed senate
Jan 13, 2025	ordered to third reading cal.47
Jan 08, 2025	referred to rules

Votes

- Jan 14, 2025 - Floor Vote
  S773
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 14, 2025
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (3)
      
      Gallivan
      
      Serrano
      
      Webb
  Jan 13, 2025 - Rules Committee Vote
  S773
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 13, 2025
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza

2025-S773 (ACTIVE) - Details

See Assembly Version of this Bill:: A1680
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §27-3005, En Con L (as proposed in S.4414-A & A.4943-A)

2025-S773 (ACTIVE) - Summary

Relates to permitting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage for certain tissues, temperature sensitive health and safety samples, cultures, and reagents, and microbial cultures.

2025-S773 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S773

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This is a chapter amendment to provide additional exceptions to the
unencapsulated foam cooler ban.

 
SUMMARY OF PROVISIONS:

Section 1 creates several new exceptions to the ban. Specifically, it:

1. Refines the exception for drugs, medical devices, and biological
materials by creating a separate exception for tissues and biological
products;

2. Establishes a new exception for temperature-sensitive samples,
cultures, and laboratory reagents as required for the Department of
Agriculture and Markets Food Lab, and labs involved in food testing
pursuant to state or federal legal requirements; and

3. Establishes a new exception for certain microbial cultures for dairy,
meat, and fermented beverage facilities.

Sections 2, 3, and 4 provide that the chapter amendment takes effect on
the same date as the underlying chapter, that the microbial cultures
exception sunsets on January 1, 2030, and that the food lab testing
exception sunsets on January 1, 2035.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter to
provide several additional exceptions to the unencapsulated foam cooler
ban for certain biological products and tissues, and for food-related
samples, cultures, and reagents.

 
PRIOR LEGISLATIVE HISTORY:

This is a chapter amendment to Chapter 594 of the Laws of 2024.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
On the same date and in the same manner as the underly chapter.

2025-S773 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    773
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 773                              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-
 S. 773                              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.

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