Polystyrene Foam Hardship Waiver

Effective January 1, 2019, the use, sale or possession of single service Expanded Polystyrene (EPS) foam food service articles or loose fill packaging, such as “packing peanuts” will no longer be allowable in New York City.

Organizations that meet the following criteria may apply for a hardship waiver on single-use foam products through the online application on nyc.gov/foamwaiver.

Eligibility Criteria:

  • Businesses or organizations located in or operating within any of the 5 boroughs of New York City;

  • Businesses not part of a chain. A chain is defined as five or more locations within the city that (1) conduct business under the same business name or operate under common ownership or management or (2) operate pursuant to a franchise agreement with the same franchiser;

  • Businesses or organizations established before 2018; and

  • Businesses earning less than $500,000 in annual revenue per location or non-profit organizations.

For more information, please visit nyc.gov/foamwaiver.

Waiver Application:

Eligibility Form:

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