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. A grace period will be in effect
between January 1, 2019 and July 1, 2019 to prepare for the ban of EPS.
Organizations that meet the following criteria may apply for a hardship waiver on single-use foam products through the application
below. Waivers granted will be valid for a one-year period beginning July 1, 2019 and on a rolling basis thereafter. Please note
the submission of an application does not guarantee approval of a waiver.
- 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 franchisor;
- Businesses earning less than $500,000 in annual revenue per location or non-profit organizations.
To learn more visit: http://www.nyc.gov/foamban
- Download the template called Eligibility Form:
to provide details on the product(s) for which you are applying for a waiver, the alternative product(s) pricing, and facts about your organization or business to verify financial hardship.
The template will automatically determine whether the thresholds of financial hardship are met. At least one threshold must be met to establish financial hardship.
- Next, if your business or organization demonstrates financial hardship through the template complete parts 1 and 2 of the application below
- Once you complete parts 1 and 2 and submit your application, you will be prompted to submit the following necessary documentation:
- completed Eligibility Form;
- a signed copy of your most recent tax returns or Federal 990; and
- pricing quotes for current and alternative products.
- Note: Applicants may be disqualified if necessary documents are not included.
- Please answer each question. If a question is not applicable to your business or organization, please respond with "N/A".
- Please retain a copy of the confirmation email you receive after submitting the application to demonstrate that your application is pending evaluation.
- The Department of Small Business Services will issue a written denial or approval of a waiver to the email address indicated in part 1 of the application.
If you have questions, please address them to this email address: firstname.lastname@example.org