New York City Bans Foam Foodservice Containers and E-Cigarette Use

The New York City Council has effectively banned foam foodservice containers and extended a ban on public smoking to include electronic cigarettes.

December 23, 2013

NEW YORK CITY – During its last legislative session of the year, the New York City Council passed two regulations that made headlines during 2013: a ban on plastic-foam foodservice containers, and extending a citywide ban on public smoking to cover electronic cigarettes.

The plastic-foam measure is described by The New York Times as a “final victory of sorts for Mayor Michael R. Bloomberg, though it came with a caveat.”

The measure says Dart Container Corp. has until Jan. 1, 2015, to prove to the city’s sanitation commissioner that “dirty foam” can be “recycled and sold in an economically viable way.” Dart previously lobbied against the ban after Bloomberg claimed foam containers were impossible to recycle, so now the company has a year to prove the mayor wrong.

The NYT adds that in response to concerns that switching to costlier alternatives for foam foodservice containers would hurt small businesses, the measure will allow small establishments and nonprofit organizations to apply for a waiver from the ban.

The second measure extends a citywide public smoking ban to include electronic cigarettes, which includes restaurants, bars, parks and office buildings.

Opponents of the ban maintained their position that e-cigarettes are safe and give many people an alternative to smoking conventional cigarettes.

City Council also passed a third bill — requiring composting at large restaurants — that would require large restaurants, grocery stores, caterers and other food-related establishments to separate food waste from the rest of their garbage and have it hauled to a composting facility. The measure takes effect in July 2015.

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