N.Y. Environmental Conservation Law § 27-3001: Definitions

§ 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 or expanded

polystyrene containers that are not wholly encapsulated or encased

within a more durable container and are designed or intended to be used

for cold storage 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.