N.Y. Environmental Conservation Law § 27-3007: Preemption

§ 27-3007. Preemption.

1. Except as provided in subdivisions two and three of this section,

this title shall supersede and preempt all local laws, ordinances or

regulations governing the sale, offer for sale, or distribution of

disposable food service containers or containers designed or intended to

be used for cold storage containing expanded polystyrene foam and

polystyrene loose fill packaging.

2. Any local law, ordinance or regulation of any county shall not be

preempted if such local law, ordinance or regulation provides

environmental protection equal to or greater than the provisions of this

title or any rules or regulations promulgated hereunder, and such county

files with the department a written declaration of its intent to

administer and enforce such local law, ordinance or regulation.

3. This title shall not apply in a city with a population of one

million or more which has a local law, ordinance or regulation in place

which restricts the sale, offer for sale, or distribution of expanded

polystyrene containers and polystyrene loose fill packaging.