New York § 27-3007 Preemption

New York Statutes

§ 27-3007 — Preemption

New York·Law ENV Environmental Conservation·Title 30 Expanded Polystyrene Foam Containers and Polystyrene Loose Fill Packaging Ban·Art. 27 Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

§ 27-3007. Preemption.\n  1. Except as provided in subdivisions two and three of this section,\nthis title shall supersede and preempt all local laws, ordinances or\nregulations governing the sale, offer for sale, or distribution of\ndisposable food service containers or containers designed or intended to\nbe used for cold storage containing expanded polystyrene foam and\npolystyrene loose fill packaging.\n  2. Any local law, ordinance or regulation of any county shall not be\npreempted if such local law, ordinance or regulation provides\nenvironmental protection equal to or greater than the provisions of this\ntitle or any rules or regulations promulgated hereunder, and such county\nfiles with the department a written declaration of its intent to\nadminister and enforce such local law, or

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§ 27-3007. Preemption.\n 1. Except as provided in subdivisions two and three of this section,\nthis title shall supersede and preempt all local laws, ordinances or\nregulations governing the sale, offer for sale, or distribution of\ndisposable food service containers or containers designed or intended to\nbe used for cold storage containing expanded polystyrene foam and\npolystyrene loose fill packaging.\n 2. Any local law, ordinance or regulation of any county shall not be\npreempted if such local law, ordinance or regulation provides\nenvironmental protection equal to or greater than the provisions of this\ntitle or any rules or regulations promulgated hereunder, and such county\nfiles with the department a written declaration of its intent to\nadminister and enforce such local law, ordinance or regulation.\n 3. This title shall not apply in a city with a population of one\nmillion or more which has a local law, ordinance or regulation in place\nwhich restricts the sale, offer for sale, or distribution of expanded\npolystyrene containers and polystyrene loose fill packaging.\n

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