Reusable Is Cooler: NYS Polystyrene Foam Ban Now Includes Cold Storage Containers
Summer is here in New York State, but foam is still out!
Foam or expanded polystyrene (EPS) is a type of plastic you may have encountered in single-use coffee cups, take-out food containers, and packaging material, but many EPS foam items are now banned in New York State.
Since 2022, polystyrene disposable food service containers and packing peanuts have been banned in New York State following the passage of the New York State Foam Ban. Why? Because this material is not easily recyclable and breaks down into harmful microplastics in the environment.
In order to be recycled, EPS needs to be kept separate from other recyclables, dropped off or mailed to separate EPS recycling programs, and then requires equipment that can densify the lightweight material, which is mostly made of air. This machinery is expensive and not widely available. These factors, combined with an already low demand for recycled polystyrene, make it even less financially feasible.
If you do come across foam in NYS, make sure it never ends up in the recycling bin, and notify the NYSDEC of any violations by submitting a complaint on the Polystyrene Foam Ban Webpage.
Foam Ban Expansion: Reuse Just Got Cooler
On January 1, 2026, the NYS Foam Ban expanded to cover polystyrene foam coolers and other polystyrene cold storage containers, which will help to reduce plastic pollution, keep the recycling stream clean, and promote more sustainable packaging and container options in the state.
This expansion means that no food service provider, manufacturer, or store covered under the law can sell, offer for sale, or distribute polystyrene foam containers meant for cold storage, such as disposable coolers and ice chests, unless they are encapsulated or encased within a more durable container.
Fortunately, there are resources to support businesses and organizations transitioning away from foam products. The Center for Sustainable Materials Management regularly updates the Expanded Polystyrene Alternative Guide, which provides specific foam-free replacement options for single-use products such as loose fill packaging, takeouts bowls, trays, coolers, and bait containers.
Fight the Foam: Bring Your Own Container
The NYS Foam Ban creates a great opportunity to normalize reuse and a transition to more sustainable containers and packaging that are reusable, recyclable, and compostable. The next time you go out to eat or to grab a coffee, try to remember your reusable container for leftovers or a travel mug if your local cafe accepts them for reuse/refill. Don’t have a container? Check out our Reuse Locator Tool to shop second hand.
Here are some ways that New Yorkers can normalize reusable containers:
Use what you have: Before you buy a new reusable container, look for that pasta sauce jar you were about to recycle, or even that plastic takeout container. It may just be the perfect to-go food container that you can reuse again and again.
Keep clean reusable containers handy: Whether that’s keeping one in your bag or in your car, you will be more likely to use it if you can access it easily. Short on space? Try a collapsible container that can stay tucked away until you need it.
Kindly question: Let your local cafe or favorite takeout food place know your interest in reuse, and ask what their options are next time you stop in.
Encourage a Friend: Tell your friends to join you in carrying your reusables and refusing single-use products.
Learn More
If you observe any of the banned polystyrene foam containers or packaging being sold, offered for sale, or distributed in New York State, you can notify NYSDEC by submitting a complaint on the Polystyrene Foam Ban Webpage.
To learn more about the new requirements including who is affected, container types affected, and exemptions, please visit the NYSDEC’s Polystyrene Foam Ban Webpage. Questions? E-mail foamban@dec.ny.gov.