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Styrofoam Cooler Ban Proposed

Sen. Liz Krueger, D-New York City, speaks during a news conference. Submitted photo

After banning most other uses of styrofoam over the past couple of years, styrofoam coolers may be next on the chopping block.

Sen. Liz Krueger, D-New York City, has introduced S.4414 in the state Senate to immediately ban the use of the lightweight, inexpensive coolers typically seen on beaches or boats. In fact, their typical use is one reason Krueger and Assemblyman Howard Epstein, D-New York City, want to act on a ban before the summer tourism season kicks off in the state.

“While New York state and other jurisdictions have taken steps to banpolystyrene foam food and beverage containers, most such bans have left out one major source of polystyrene pollution: polystyrene foam coolers,” Krueger and Epstein wrote in their legislative justification. “These coolers — which are favored by day-trippers for their portability and insulation — pose a particular environmental threat. Many people bring foam coolers with them to beaches or lakes; this proximity to our waterways makes it more likely that the coolers end up as pollution. Many foam coolers are left behind as litter or placed in open waste receptacles and ultimately wash into the water. Every year, as many as seven million foam cooler boxes are sold across the nation. Too many of these will end up in our lakes, rivers, and oceans.”

Companion legislation (A.4943) has been introduced in the Assembly by Epstein. Both bills are awaiting committee approval before they can come before the full Senate and Assembly for passage.

The state’s ban — one of the first in the country — on expanded styrofoam containers and “packing peanuts” began Jan. 1, 2022, and prohibits any person engaged in the business of selling or distributing prepared food or beverages for on- or off-premises consumption from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam in the state. In addition, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging in the state. Disposable food service containers made of expanded polystyrene foam banned under the law include bowls, cartons, hinged “clamshell” containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages, including containers generally recognized as designed for single use.

Washington state banned styrofoam coolers as part of its styrofoam ban in 2021, though the ban doesn’t take effect until June 1 of this year. Krueger and Epstein’s bill would take effect immediately once the bill is passed and becomes law.

“Polystyrene foam presents risks to public health. While the full impact on human health is still being studied, scientists have concluded that microplastics leach toxic chemicals that can accumulate in the body and pose serious health consequences,” Krueger and Epstein wrote. “The National Institute of Health, for example, recently added styrene — a major component of polystyrene foam- to their list of anticipated human carcinogens. Across the country, legislative bodies have been taking action phase out polystyrene coolers. Washington state was the first, and so far, only, state to adopt a statewide ban on foam coolers.”

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