N.Y. Environmental Conservation Law Section 27-3001

For the purposes of this title, the following terms shall have the following meanings:


“Covered food service provider” means a person engaged in the business of selling or distributing prepared food or beverages for on-premise or off-premise consumption including but not limited to:


food service establishments, caterers, temporary food service establishments, mobile food service establishments, and pushcarts as defined in the New York State Sanitary Code;


retail food stores as defined in article 28 of the agriculture and markets law;




grocery stores;






coffee shops;


hospitals, adult care facilities, and nursing homes; and


elementary and secondary schools, colleges, and universities.


“Disposable food service container” means a bowl, carton, clamshell, cup, lid, plate, tray, or any other product that is designed or used for the temporary storage or transport of a prepared food or beverage including a container generally recognized by the public as being designed for single use.


“Expanded polystyrene foam” means expanded foam thermoplastics utilizing a styrene monomer and processed by any number of techniques. Such term shall not include rigid polystyrene.


“Manufacturer” means every person, firm or corporation that produces or imports polystyrene loose fill packaging that is sold, offered for sale, or distributed in the state.


“Polystyrene loose fill packaging” means a void-filling packaging product made of expanded polystyrene foam that is used as a packaging fill, commonly referred to as packing peanuts.


“Prepared food” means food or beverages that are cooked, chopped, sliced, mixed, brewed, frozen, heated, squeezed, combined or otherwise prepared on the premises of a covered food service provider for immediate consumption and require no further preparation to be consumed. Prepared food includes but is not limited to ready to eat takeout foods and beverages.


“Rigid polystyrene” means plastic packaging made from rigid, polystyrene resin that has not been expanded, extruded, or foamed.


“Store” means a retail or wholesale establishment other than a covered food service provider.

Source: Section 27-3001 — Definitions, https://www.­nysenate.­gov/legislation/laws/ENV/27-3001 (updated Feb. 19, 2021; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Feb. 19, 2021

§ 27-3001’s source at nysenate​.gov

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