Styrofoam containers are now banned from nationwide food establishments under Albany County’s newly adopted law, but it could soon be absent from all local eateries.
Albany County Executive Dan McCoy signed the Food Service Waste Reduction Act into law Thursday, Dec. 12, at Bethlehem Town Hall flanked by local officials. The law bans polystyrene foam food containers, commonly known as Styrofoam, from being used in chain food establishments. The law also requires such businesses using disposable food service ware to use a “suitable, alternative product” that is compostable or biodegradable.
“The Styrofoam ban is only one small step in making Albany County the greenest county in all of New York state,” McCoy said.
The local law will be effective in six months and includes escalating penalties for each offense. Penalties start at a maximum fine of $250 for the first offense and increase to a $1,000 maximum fine for the third and any following offenses.
Only food establishments with at least 15 locations nationwide would be affected by the ban, but McCoy is looking to expand the law to all food businesses within three years.
Representatives from several leading supermarket chains previously contested the law over concerns of its possible effect on prepared and packaged food, but McCoy confirmed grocers would not be affected.
“They are exempt because they fall under state law and county law cannot supercede state law,” he said.
McCoy contested the law “doesn’t go far enough” and the county needs to take “big, bold steps to truly” have a positive impact on the environment. He then announced three environmental initiatives the county will pursue.
“Styrofoam may be the problem in our landfill, but it is the landfill itself that is the true problem,” McCoy said. “With the ban on Styrofoam, we will be able to save space, but the clock continues to tick.”
To tackle landfill issues, McCoy announced he would appoint a commission to find “viable options for long-term environmental, sound, economically beneficial discarding of waste.” This will include revitalizing the regional solid waste study as the landfill is estimated to reach capacity in less than a decade.
McCoy’s second initiative addresses obtaining additional open space, preserving historic buildings and maintain agricultural opportunities.
He set the goal of securing another 3,500 acres in the county, which he said spans 562 square-miles of land. McCoy’s administration has acquired 372 acres for conservation, environmental needs or agriculture.
“This means that we can keep our community scenic, healthy and green,” McCoy said. “We will continue to preserve the environment to benefit our county, including restoring the four and a half mile Rail Trail … in multiple municipalities.”
McCoy’s also plans to establish a county public service agency, run by an appointed 7 to 11 member board to develop a plan for recycling countywide.
Laura Haight, senior environmental associate of New York Public Interest Research Group, commended county legislators and McCoy for passing the law.
“This terrific Styrofoam ban is a great holiday present for all of us at the end of the year,” Haight said, “and with it Albany County is showing real leadership in demonstrating environmental sustainability.”
Travis Proulx, spokesman for Environmental Advocates of New York, said there is “no upside” to using foam containers for food.
“Many large corporations impacted by this measure have proactively identified environmentally responsible alternatives because they know this product isn’t good for their consumers,” Proulx said in a statement. “It is not reusable or recyclable, litters our sidewalks, leaches toxins into our food, and will outlive each of us by 500 years.”
Industry representatives previously said polystyrene containers can be recycled, but some lawmakers and residents claimed it’s not a viable option since there is no profit to be made for recycling companies.
Bethlehem Town Board member Bill Reinhardt said residents are “very interested” in advocating for environmental issues. Reinhardt, who spoke in favor of the law at the last hearing, said he was looking forward to the other initiatives McCoy unveiled.
“I think these are wonderful steps in the right direction,” Reinhardt said, “but … there is more to be done and we will be working towards those other goals and these three initiatives with great energy and excitement.”
McCoy estimated a majority of residents speaking at the hearing he held on the law were from Bethlehem and commended the community for its dedication.
“Bethlehem loves their recycling and they love their green,” McCoy said. “What better way to do a ceremony like this … than in the Town of Bethlehem. I was very impressed with the residents and leadership in the Town of Bethlehem for their impact on their environment.”
Bethlehem Supervisor John Clarkson said the town has a history of environmentally minded residents.
“It has always been a community that cares very much about the environment and we are doing quite a bit through our sustainable program,” Clarkson said.