New York Laws
Title 30 - Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban
27-3001 - Definitions.

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

1. "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: (a)
food service establishments, caterers, temporary food service
establishments, mobile food service establishments, and pushcarts as
defined in the New York State Sanitary Code; (b) retail food stores as
defined in article 28 of the agriculture and markets law; (c)
delicatessens; (d) grocery stores; (e) restaurants; (f) cafeterias; (g)
coffee shops; (h) hospitals, adult care facilities, and nursing homes;
and (i) elementary and secondary schools, colleges, and universities.

2. "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.

3. "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.

4. "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.

5. "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.

6. "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.

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

8. "Store" means a retail or wholesale establishment other than a
covered food service provider.

Structure New York Laws