N.Y. Environmental Conservation Law § 27-3005: Exemptions and waivers

§ 27-3005. Exemptions and waivers.

1. Notwithstanding any inconsistent provision of law, this title shall

not apply to:

(a) Prepackaged food filled or sealed prior to receipt at a covered

food service provider; or

(b) Raw meat, pork, seafood, poultry or fish sold for the purpose of

cooking or preparing off-premises by the customer; or

* (c) Expanded polystyrene containers that are not wholly encapsulated

or encased within a more durable container and are used for cold storage

for:

(i) drugs and medical devices as defined in the federal food, drug,

and cosmetic act (21 U.S.C. Sec. 301 et seq.);

(ii) animal biologics, including vaccines, bacterins, antisera,

diagnostic kits, and other products of biological origin, and other

packaging materials regulated by the United States department of

agriculture under the virus, serum, toxin act (21 U.S.C. 151-159),

including vaccines;

(iii) tissues as defined in section forty-three hundred sixty of the

public health law or biological products as defined in the federal

Public Health Service Act (42 U.S.C. Sec 262);

(iv) temperature-sensitive samples, cultures or specialized laboratory

reagents requiring cold storage during shipment, either delivered to or

received from:

(A) the department of agriculture and market's food laboratory

pursuant to its duties under the agriculture and markets law; or

(B) laboratories for testing to help ensure human health, animal

health, and/or food safety pursuant to statutory or regulatory

requirements of, or standards established under, programs administered

by the department, the department of health, the department of

agriculture and markets, the United States department of agriculture

and/or the United States food and drug administration; or

(v) microbial cultures used for dairy, meat, or fermented beverage

manufacturing and requiring cold storage during shipment or delivery to

dairy or meat processing plants or breweries and wineries as defined in

section three of the alcoholic beverage control law.

* NB Effective until January 1, 2030

* (c) Expanded polystyrene containers that are not wholly encapsulated

or encased within a more durable container and are used for cold storage

for:

(i) drugs and medical devices as defined in the federal food, drug,

and cosmetic act (21 U.S.C. Sec. 301 et seq.);

(ii) animal biologics, including vaccines, bacterins, antisera,

diagnostic kits, and other products of biological origin, and other

packaging materials regulated by the United States department of

agriculture under the virus, serum, toxin act (21 U.S.C. 151-159),

including vaccines;

(iii) tissues as defined in section forty-three hundred sixty of the

public health law or biological products as defined in the federal

Public Health Service Act (42 U.S.C. Sec 262); or

(iv) temperature-sensitive samples, cultures or specialized laboratory

reagents requiring cold storage during shipment, either delivered to or

received from:

(A) the department of agriculture and market's food laboratory

pursuant to its duties under the agriculture and markets law; or

(B) laboratories for testing to help ensure human health, animal

health, and/or food safety pursuant to statutory or regulatory

requirements of, or standards established under, programs administered

by the department, the department of health, the department of

agriculture and markets, the United States department of agriculture

and/or the United States food and drug administration.

* NB Effective January 1, 2030 until January 1, 2035

* (c) Expanded polystyrene containers that are not wholly encapsulated

or encased within a more durable container and are used for cold storage

for:

(i) drugs and medical devices as defined in the federal food, drug,

and cosmetic act (21 U.S.C. Sec. 301 et seq.);

(ii) animal biologics, including vaccines, bacterins, antisera,

diagnostic kits, and other products of biological origin, and other

packaging materials regulated by the United States department of

agriculture under the virus, serum, toxin act (21 U.S.C. 151-159),

including vaccines; or

(iii) tissues as defined in section forty-three hundred sixty of the

public health law or biological products as defined in the federal

Public Health Service Act (42 U.S.C. Sec 262).

* NB Effective January 1, 2035

2. Any facility, regardless of its income, including soup kitchens,

food pantries and places of worship, operated by a not-for-profit

corporation or by a federal, state, or local government agency that

provides food to needy individuals at no or nominal charge, and any

covered food service provider having an annual gross income under five

hundred thousand dollars per location as stated on the income tax filing

for the most recent tax year and that: (a) does not operate ten or more

locations within the state; and (b) is not operated pursuant to a

franchise agreement may request from the department, in a manner and

form established by the department, a financial hardship waiver of the

requirements of section 27-3003 of this title. Such waiver request may

apply to one or more disposable food service containers sold, offered

for sale, or distributed by any such covered food service provider. The

department shall grant a waiver if such covered food service provider

demonstrates that there is no alternative product of comparable cost

that is not composed of expanded polystyrene foam and that the purchase

or use of an alternative product that is not composed of expanded

polystyrene foam would create an undue financial hardship. Such

financial hardship waiver shall be valid for twelve months and shall be

renewable upon application to the department.