What the ban covers
Local Law 11 of 2019 prohibits expanded polystyrene (EPS, commonly called Styrofoam) in commercial food service. The ban covers:
- Food containers and clamshells
- Hot and cold beverage cups
- Plates, bowls, and trays
- Packing peanuts for food shipping
The New York State Bag Law, effective 2020, additionally bans single-use plastic carryout bags and adds a $0.05 paper bag fee at most retailers.
Who enforces it
Two agencies cite the same violations: DSNY inspectors during routine sanitation sweeps, and DOHMH inspectors during regular food service inspections. A DOHMH inspector finding foam in your establishment can add it to the same inspection report that determines your grade.
Fine schedule
| Foam container, first offense | $250 |
| Foam container, repeat offenses | $500 per violation |
| Plastic bag, first offense | $250 |
| Plastic bag, repeat offenses | $500 per violation |
What you should use instead
- Paper: containers, clamshells, hot cups
- Cardboard: plates, pizza boxes, trays
- Compostable fiber: molded pulp containers, sugarcane bagasse
- Aluminum or foil: hot food trays
Plastic straws: only on customer request. Do not pre-set them. Paper, bamboo, or compostable straws can be pre-set without issue.
Source
Local Law 11 of 2019 · NYC Admin Code §16-329 · NYS Bag Law 2020. Fine ranges accurate as of April 2026.