NYC's foam and single-use plastics ban is actually two overlapping laws: Local Law 11 of 2019, which banned expanded polystyrene (EPS/foam) food containers citywide, and the New York State Bag Waste Reduction Act of 2020, which banned single-use plastic carryout bags statewide.
Together, they eliminate foam cups, clamshells, plates, and trays from food service operations, and require all carryout bags to be reusable or paper (with a mandatory $0.05 fee charged to customers for paper bags).
- EPS/foam cups, bowls, plates, clamshells, trays
- Foam packing peanuts used for food service
- Single-use plastic carryout bags (thin plastic)
- Providing plastic straws unless customer requests one
- Paper cups, plates, cardboard clamshells
- Compostable containers (ASTM D6400 certified)
- Reusable containers (plastic, metal, glass)
- Paper bags (must charge $0.05 per bag)
- Reusable bags (no charge required)
If you provide paper carryout bags, you must charge customers $0.05 per bag. This fee is retained by the business — it does not go to the city. Exempt from the fee: bags used inside the store to bag produce, bulk goods, or meat; bags provided at pharmacies for prescriptions; and bags for take-out food already placed in the bag by the restaurant.
Low-income customers using certain government benefits (SNAP/EBT, WIC) are exempt from the bag fee. You cannot charge them for bags.
| Violation | Fine |
|---|---|
| EPS/foam food container — 1st offense | $250 |
| EPS/foam food container — repeat offenses | $500 per violation |
| Providing plastic carryout bags — per violation | $250–$500 |
| Failure to charge $0.05 bag fee where required | $250 |