If you still send cold platters or cases of drinks out to events in white foam coolers, that habit ran out of road in New York on January 1, 2026.
The state's foam ban now covers expanded polystyrene (EPS) containers designed or intended for cold storage, including coolers and ice chests, unless the foam is wholly encased inside a more durable container. Caterers are named directly in the list of businesses the law applies to.
You can no longer sell, offer or distribute foam coolers and similar cold storage containers in New York State, and there is no hardship waiver to buy extra time.
What Changed in New York's Foam Ban in 2026
New York's rules on polystyrene foam have grown in stages, and each stage added more foam products you can't pass to customers.
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January 1, 2019
New York City began enforcing its own ban on single-use foam food containers, which lists coolers among the banned items.
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January 1, 2022
The statewide ban took effect for disposable foam food service containers and polystyrene loose-fill packaging (packing peanuts).
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2024
Lawmakers amended the state law to add foam containers used for cold storage.
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January 1, 2026
The cold storage provision took effect.
The new wording sits in Section 27-3003 of New York's Environmental Conservation Law. It says no covered food service provider, manufacturer or store shall "sell, offer for sale, or distribute 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, including but not limited to coolers and ice chests."
The New York State Department of Environmental Conservation (DEC) leads enforcement, alongside the Departments of Health and Agriculture and Markets and the Attorney General. Under ECL Section 71-2730, penalties reach up to $250 for a first violation, $500 for a second in the same calendar year and $1,000 for each violation after that.
Which Businesses the Expanded Foam Ban Applies To
The cold storage ban reaches three groups, and caterers fall squarely into the first.
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Covered food service providers
Anyone selling or distributing prepared food or beverages for on-premises or off-premises consumption. DEC's examples include caterers, restaurants, delis, grocery stores, cafeterias, coffee shops, mobile food vendors, hospitals, nursing homes, schools and universities.
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Stores
Retail and wholesale businesses, including out-of-state and online sellers shipping into New York.
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Manufacturers
Anyone producing or importing the banned foam containers for sale in the state.
For caterers, the word that matters most is "distribute." When a foam cooler full of drinks or cold platters stays behind with your client, that handoff looks a lot like distribution.
The statute says less about foam coolers you own and never let leave your control, so if you plan to rely on that, check first with DEC's Bureau of Waste Reduction and Recycling on 518-402-8706.
One more detail catches people out. DEC's financial hardship waiver, which lets some small businesses and nonprofits use up old foam takeout stock, does not apply to cold storage containers at all.
How the Foam Ban Works in New York City
The state law does not apply in a city of one million or more people with its own foam ban, which means New York City.
The city's rules, enforced by the NYC Department of Sanitation, already stop stores and food service businesses from offering, selling or possessing single-use foam items, and coolers are on that list. Fines run $150, $250 and $500 for repeat violations within 12 months.
If you cater both inside and outside the five boroughs, you're working under two sets of rules that both point away from foam coolers. Operators with locations in several states face even more variation, which we cover in our look at how state-level food packaging laws are creating challenges for national chains.
What Counts as a Banned Foam Cold Storage Container
Expanded polystyrene is the lightweight, white, bead-textured foam most people call Styrofoam, which state law defines as expanded foam thermoplastics made with a styrene monomer.
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Purpose
Is it designed or intended for cold storage? Coolers and ice chests are the named examples, and the phrase "including but not limited to" keeps the list open.
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Construction
Is the foam exposed, or is it wholly encapsulated inside a more durable container?
Here's how that plays out with typical catering equipment.
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Likely banned
Thin-walled foam coolers, foam ice chests and foam shipping boxes used to keep food or drinks cold.
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Likely allowed
Hard-sided coolers with insulation fully sealed inside a plastic or metal shell, and carriers that contain no EPS at all.
Disposable foam clamshells, cups, trays and bowls have been banned statewide since 2022, so the cooler rule extends an existing ban to one more product type. Clear rigid polystyrene containers marked with resin code #6, which haven't been foamed, remain outside the ban.
Exemptions for Medical, Laboratory and Fermentation Shipments
The cold storage provision has its own short list of exemptions in Section 27-3005. Foam cold storage is still allowed for these uses.
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Drugs and medical devices as defined in the federal Food, Drug, and Cosmetic Act.
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Animal biologics such as vaccines and diagnostic kits.
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Human tissues and biological products.
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Temperature-sensitive samples and lab reagents shipped for regulated testing, until January 1, 2035.
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Microbial cultures shipped to dairy plants, meat processors, breweries and wineries, until January 1, 2030.
None of these cover a catering order. The older exemptions for raw meat, seafood and prepackaged food still appear in the law, so if you ship raw proteins in foam, ask DEC how they apply before you assume you're covered.
How the Foam Cooler Ban Affects Day-to-Day Catering
Before your next supply order, check where foam still shows up in these routines.
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Drop-off catering
Drinks, salads, or dessert platters sent out in a foam chest that the client keeps.
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Off-site events
Disposable ice chests for drinks at weddings, corporate picnics and festivals.
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Boxed lunches
Individual meals packed into foam coolers for work crews, film sets or school trips.
How to Keep Cold Catering Food Safe Without Foam Coolers
Food safety expectations haven't moved. FoodSafety.gov defines the danger zone as 40°F to 140°F, where germs grow rapidly, and advises that perishable food shouldn't go unrefrigerated for more than 2 hours, or 1 hour when it's above 90°F. Your cold chain has to hold that line with or without foam.
There are three options that suit most catering operations:
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Reusable hard-sided coolers
Look for sealed insulated walls, a gasketed lid and a drain plug. Mark them with your business name so they come back.
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Insulated carriers and soft-sided bags
Good for smaller drops and boxed lunches, especially with frozen gel packs.
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Refrigerated vehicles
For larger operations, a refrigerated van keeps food cold on the road without relying on cooler insulation.
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Rentals and deposits
For one-off events, rent coolers or charge a refundable deposit on reusable ones you leave with a client.
The packing routine matters as much as the container.
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Pre-chill everything
Load cold food into a cooler that has already been chilled.
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Layer the ice
Place ice packs under and on top of the food, since cold air sinks.
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Pack tightly
Empty air space warms faster, so fill gaps or use a smaller cooler.
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Separate drinks from food
Drink coolers get opened constantly and let warm air in.
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Log temperatures
Record food temperatures when you leave and when you arrive.
Choosing Foam-Free Containers for Cold Catering Orders
The containers inside the cooler have to cope with condensation, stacking and a long ride, and some food containers perform better during long deliveries because of how they handle moisture and movement. When you compare options, pay attention to these points.
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Moisture resistance
Cold food sweats as it warms, so fiber and paper containers need to hold their shape when damp.
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Lid fit
A lid that pops loose in transit turns a salad into a spill.
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Stackability
Catering orders travel in stacks, so flat, rigid lids matter.
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PFAS compliance
New York's PFAS in food packaging law has banned intentionally added PFAS in food-contact packaging made mainly from paper, paperboard or plant fiber since December 31, 2022. Ask your supplier to confirm compliance, and see our guide to what the PFAS packaging bans mean for foodservice operators for the wider picture.
Several SupplyCaddy product lines fit cold catering well, and every one of them can carry your logo with free branding at no extra cost.
Made from bamboo and sugarcane fiber in sizes from 16oz to 48oz, each with a matching PLA or fiber lid, for grain bowls, salads and cut fruit.
Sizes from 6oz to 24oz with PET, PLA or paper lid options, plus separate food container lids.
Fiber, PLA, paper and polypropylene options that keep dressings on the side so salads don't wilt in transit.
Sizes from 12oz to 44oz for iced coffee, lemonade and smoothies. Our paper vs. plastic cold cup breakdown compares cost and performance.
Options such as steam vents and punch holes for quick meal identification, with custom printing at no extra cost.
Kraft and greaseproof paper bags for grouping boxed lunches by name or team.
Our catering packaging guide goes deeper on boxes, trays and bags that travel well, and our guide to curbside recyclable vs. compostable packaging explains where each item should end up after the event.
Five Steps to Bring Your Cold Storage Into Compliance
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Audit your foam
List every foam cooler, ice chest and foam shipper you own, plus any leftover foam takeout stock.
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Stop sending foam out
Anything that leaves with a client should be reusable, returnable or foam-free.
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Replace with purpose
Match equipment to the job, such as hard-sided coolers for events and insulated bags for small drops.
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Update client terms
Add cooler return windows or deposits to quotes and event contracts.
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Check your supply chain
Ask distributors to confirm that what they ship into New York is foam-free.
Watch for a few common mistakes along the way. Businesses often assume a hard cooler is compliant without checking for exposed foam, expect a hardship waiver to cover coolers, or switch containers before a big event without testing how long they hold temperature.
How SupplyCaddy Helps New York Caterers Go Foam-Free
SupplyCaddy was founded in 2020 in response to global supply chain challenges. We're headquartered in Miami, with manufacturing facilities in North America, South America and Europe, and we've delivered over 1 billion products to foodservice businesses.
Brands we've worked with include Sweetgreen, Burger King, Popeyes, Cinnabon, Tijuana Flats, H&H Bagels, Levain, Sidecar Doughnuts, Hardee's and Delta. Our products are also distributed through partners such as Sysco, US Foods, Imperial Dade and McLane.
Free branding at no extra cost: We print your logo and colors on your packaging without charging extra for it. There are no tooling fees, no plating fees and no ink fees, so every bowl, cup and bag that reaches a client's event carries your name for the price of the packaging alone.
Branded packaging is often the first thing a guest sees, and our article on what food packaging tells customers about your brand explains why that first impression matters.
Working with us also brings a few other practical advantages.
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Price stability
By forward buying raw material at the start of a contract, we can lock pricing for up to a year.
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Hands-on design support
Our team works with customers on fit and function, including visits to their test kitchens.
Browse our foam-free food containers, or get in touch with the SupplyCaddy team to talk through the containers, cups and bags your cold catering orders need, branded free of charge.
Frequently Asked Questions About New York's Foam Ban
Are foam coolers banned in New York?
Yes. Since January 1, 2026, covered food service providers, stores and manufacturers can't sell, offer for sale or distribute EPS foam coolers and other cold storage containers in New York State unless the foam is wholly encased in a more durable container.
Can I still use a hard-sided cooler that has foam insulation?
Yes, as long as the foam is wholly encapsulated or encased within a more durable container. The ban targets containers where exposed foam forms the container itself, such as thin white coolers and ice chests.
Is there a hardship waiver for foam coolers?
No. New York's financial hardship waiver only covers disposable foam food service containers, and DEC states that it does not apply to foam containers used for cold storage.
What are the fines for breaking New York's foam ban?
Outside New York City, fines reach up to $250, $500 and $1,000 for first, second and later violations in a calendar year. New York City's own ban carries fines of $150, $250 and $500 within 12 months.
Does the state foam ban apply in New York City?
No. New York City has its own foam ban, which the state law defers to. The city rules have covered single-use foam items, including coolers, since 2019.
What can I use instead of foam containers for cold food?
Any container that doesn't contain expanded polystyrene foam is acceptable. DEC's alternatives reference guide covers bagasse, bamboo, paper fiber, PLA, PET, polypropylene, and reusables, and the state encourages reusable, recyclable and compostable options where possible.