New York PFAS Food Packaging Ban: What Restaurants and Food Businesses Need to Know

Overview

New York was one of the earliest US states to restrict PFAS (per- and polyfluoroalkyl substances) in food packaging. Governor Kathy Hochul signed S.8817 into law, prohibiting the intentional addition of PFAS to plant-based food packaging sold or distributed in the state. The ban took effect on December 31, 2022, making New York a pioneer alongside Washington and California in addressing PFAS contamination in the food supply chain.

Unlike some later state laws that cover all food packaging materials, New York's law is specifically targeted at plant fiber-based packaging — the molded fiber plates, bowls, clamshells, and pizza boxes that are commonly marketed as “compostable” or “eco-friendly.” These products historically relied on PFAS coatings to achieve grease and moisture resistance.

For food businesses operating in New York, understanding the scope and limitations of S.8817 is essential. While restaurants are not directly liable under this law, using non-compliant packaging can still expose your brand to reputational risk and may create issues with local health departments. This guide breaks down what the law covers, what it does not, and how to verify that your packaging meets New York's requirements.

For a broader look at PFAS food packaging regulations across all US states, see our complete guide to PFAS food packaging bans in 2026.

Regulation Details

What's Covered

New York's PFAS ban applies exclusively to food packaging manufactured from plant fibers. This includes packaging made from materials such as sugarcane bagasse, bamboo, wheat straw, wood pulp, and recycled paper. The law targets the PFAS coatings and treatments that are applied to these materials to make them resistant to grease and moisture.

Covered Packaging Types

The following plant fiber-based food packaging types fall under the ban:

• Molded fiber plates — single-use plates made from pressed sugarcane, bamboo, or similar plant fibers
• Bowls — plant fiber soup bowls, salad bowls, and poke bowls
• Clamshell containers — hinged takeout containers made from molded fiber
• Pizza boxes — corrugated cardboard and fiber-based pizza packaging
• Bags — paper and plant fiber-based food bags, including bakery bags and sandwich bags
• Cups — paper and fiber-based hot and cold beverage cups
• Wraps — deli paper, butcher paper, sandwich wraps, and food-contact paper liners
• Trays — fiber-based food trays used in cafeterias, catering, and takeout

What Is Not Covered

The law does not apply to food packaging made from non-plant-fiber materials. The following are outside the scope of S.8817:

• Plastic containers — polypropylene, polystyrene, PET, and other plastic food packaging
• Expanded polystyrene (foam) — styrofoam containers and cups (note: New York has a separate EPS ban)
• Aluminum foil — foil containers, foil wraps, and foil-lined packaging
• Glass and ceramic — reusable food service items
• Metal cans — lined cans for shelf-stable food products

This scope distinction matters for food businesses. If your takeout packaging is plastic or foam (where allowed), the PFAS ban does not apply. However, if you have switched to “eco-friendly” molded fiber packaging, those products must be verified as PFAS-free to comply with S.8817.

Penalties

Violations of New York's PFAS food packaging ban carry civil penalties of up to $10,000 for a first violation and up to $25,000 for each subsequent violation under ECL §37-0211. Enforcement is handled by the New York State Department of Environmental Conservation (DEC). A good faith defense is available for manufacturers and distributors who rely on written compliance certificates from their packaging suppliers. Penalties can accumulate quickly — each unit of non-compliant packaging sold or distributed can constitute a separate violation.

The table below compares New York's penalty structure with several other states for context:

New York's penalties sit at the lower end of the spectrum. However, states with higher penalties — particularly Connecticut with its criminal liability provisions and Minnesota with its direct restaurant-level enforcement — illustrate the trend toward stricter consequences. If you operate across multiple states, it is worth understanding the full penalty landscape.

Liability

Under S.8817, liability falls on manufacturers and distributors of plant fiber-based food packaging that contains intentionally added PFAS. This is an important distinction for food business operators.

The manufacturer/distributor liability model means that your packaging supplier bears the primary legal obligation to ensure their products are PFAS-free. As a food business operator, your role is to obtain and maintain documentation from your suppliers confirming compliance.

Exemptions

New York's law includes two notable exemptions:

• Non-plant-fiber packaging: As discussed above, food packaging made from plastic, polystyrene, aluminum, metal, glass, or any material other than plant fibers is not subject to the PFAS ban. This is the law's most significant limitation compared to broader statutes in states like Vermont or Connecticut, which cover all food packaging regardless of material.
• Raw agricultural commodities: Packaging for raw agricultural commodities (such as fresh produce) may be exempt where no PFAS-free alternative exists. This exemption is narrow and intended to prevent situations where compliance would be functionally impossible due to a lack of available packaging options. Businesses relying on this exemption should document their efforts to find alternatives and be prepared to transition once compliant products become available.

If you are unsure whether a specific product in your packaging inventory falls under an exemption, it is advisable to consult with your packaging supplier or review the full text of S.8817 for the statutory definitions.

Compliance Steps for Food Businesses

Even though restaurants and food service operators are not directly liable under New York law, taking proactive compliance steps protects your business and positions you well for the tightening regulatory environment. Here is a practical compliance checklist:

Step 1: Audit Your Current Packaging

Identify every plant fiber-based food packaging item you purchase. This includes plates, bowls, clamshells, cups, bags, wraps, trays, and pizza boxes. Create an inventory list that includes the supplier name, product name, and material type for each item.

Step 2: Request Supplier Documentation

Contact each supplier and request written confirmation that their plant fiber-based products do not contain intentionally added PFAS. Ideally, suppliers should provide one or more of the following:

• A certificate of compliance stating that the product meets New York S.8817 requirements
• Third-party lab test results showing total organic fluorine (TOF) levels at or near zero (typically below 10–20 ppm indicates no intentional PFAS addition)
• A supplier declaration letter affirming that PFAS are not intentionally used in the manufacturing process

If a supplier cannot or will not provide this documentation, consider it a red flag and evaluate alternative suppliers. Our supplier directory lists verified PFAS-free packaging vendors.

Step 3: Document and Maintain Records

Keep all supplier certifications, test results, and correspondence on file. If your business is ever questioned about your packaging compliance — by customers, local regulators, or media — having documented proof of your due diligence demonstrates good faith effort and responsible sourcing.

Review your compliance documentation at least annually, or whenever you change packaging suppliers. Regulatory requirements evolve, and staying current ensures continued compliance.