11 Fines Issued In First Day Of NYC Foam Ban Enforcement

As of July 1st, the days of takeout foam containers and plates are over in NYC. Or at least, they’re supposed to be.

After giving businesses a six-month warning period, the Department of Sanitation on Monday began issuing fines to establishments that continue to use single-use foam products that are typically used as food and beverage containers.

The Department of Sanitation said enforcement agents issued a total of 11 summonses in the city on July 1st, including eight in the Bronx, and three in Manhattan. All summonses were first-offences and carried a $250 fine each.

A second violation within a year will cost establishments $500, and a third strike within the year will cost $1000.

“Foam cannot be recycled, plain and simple,” said acting Sanitation Commissioner Steven Costas in a statement. “Over the past six months, we’ve worked to educate businesses of the new law, and many businesses have already made the change to recyclable products.”

Consumers who would like to report an establishment or vendor still using foam containers are encouraged to call 311.

“Styrofoam” is trademarked by the Dow Chemical Company, and is a plastic—called polystyrene—that is manufactured using non-renewable fossil fuels, and synthetic chemicals. The plastic is developed into Expanded Polystyrene Foam (EPS), and is used to manufacture disposable plates, cutlery, take-out food containers, and packing materials.

Business owners are now phasing out their previously purchased foam inventory, while others have moved to substitutes such as microwave safe plastic containers, which unlike foam can be recycled.

The fight against polystyrene in the city dates back to 2013, when former Mayor Michael Bloomberg first proposed a ban. Legislation passed in 2015 under Mayor Bill de Blasio was short-lived, with a judge overturning it after business owners sued to stop it. But de Blasio ultimately prevailed last summer, when Judge Margaret Chan dismissed an appeal by a restaurant lobbying group and manufacturers.

In a statement, State Senator Liz Krueger said the ban about long term benefits, calling it “forward-thinking policy that will ensure our children and grandchildren inherit a livable planet.”

New York City now joins San Francisco, L.A., Seattle, WA, and Washington D.C. among other cities who’ve banned EPS. More cities, such as Charleston, SC, are expected to follow suit in the next few years.

Establishments that report less than $500,000 in gross income are eligible for a “hardship exemption” waiver, provided they prove that alternatives to EPS will financially harm their business. The city has approved over half of the 113 applications received so far, according to the Department of Small Business Services (SBS).

The absence of polystyrene containers was evident in a quick scan across six food-cart vendors on the densely populated Hudson Street, in Manhattan, on Monday afternoon. One food cart vendor told us they stopped purchasing bulk orders of polystyrene packaging two weeks ago.

“It costs me $10 more for each container, but at the end of the day, it’s better for my business, and the planet,” said Mohammed Sarkar, who operates Indian Biryani House on Hudson Street.