§ 27-3005. Exemptions and waivers.

1. Notwithstanding any inconsistent provision of law, this title shall
not apply to:

(a) Prepackaged food filled or sealed prior to receipt at a covered
food service provider; or

(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 used for cold storage
for:

(i) drugs and medical devices as defined in the federal food, drug,
and cosmetic act (21 U.S.C. Sec. 301 et seq.);

* (ii) animal biologics, including vaccines, bacterins, antisera,
diagnostic kits, and other products of biological origin, and other
packaging materials regulated by the United States department of
agriculture under the virus, serum, toxin act (21 U.S.C. 151-159),
including vaccines;

* NB Effective until January 1, 2035

* (ii) animal biologics, including vaccines, bacterins, antisera,
diagnostic kits, and other products of biological origin, and other
packaging materials regulated by the United States department of
agriculture under the virus, serum, toxin act (21 U.S.C. 151-159),
including vaccines; or

* NB Effective January 1, 2035

* (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);

* NB Effective until January 1, 2030

* (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

* NB Effective January 1, 2030 unitl January 1, 2035

* (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

* NB Effective January 1, 2035

* (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
pursuant 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
requirements 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

* NB Effective until January 1, 2030

* (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
pursuant 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
requirements 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

* NB Effective January 1, 2030 until January 1, 2035

* (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
pursuant 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
requirements 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].

* NB Effective January 1, 2035

* (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.

* NB Effective until January 1, 2030

* (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].

* NB Effective January 1, 2030

2. Any facility, regardless of its income, including soup kitchens,
food pantries and places of worship, operated by a not-for-profit
corporation or by a federal, state, or local government agency that
provides food to needy individuals at no or nominal charge, and any
covered food service provider having an annual gross income under five
hundred thousand dollars per location as stated on the income tax filing
for the most recent tax year and that: (a) does not operate ten or more
locations within the state; and (b) is not operated pursuant to a
franchise agreement may request from the department, in a manner and
form established by the department, a financial hardship waiver of the
requirements of section 27-3003 of this title. Such waiver request may
apply to one or more disposable food service containers sold, offered
for sale, or distributed by any such covered food service provider. The
department shall grant a waiver if such covered food service provider
demonstrates that there is no alternative product of comparable cost
that is not composed of expanded polystyrene foam and that the purchase
or use of an alternative product that is not composed of expanded
polystyrene foam would create an undue financial hardship. Such
financial hardship waiver shall be valid for twelve months and shall be
renewable upon application to the department.