New York Packaging Reduction Law: Status of the EPR Bill in 2026
Short answerNo. New York has not enacted a packaging reduction law. The Packaging Reduction and Recycling Infrastructure Act, S1464A / A1749A, passed the Senate in 2025 but never won an Assembly vote, so it is not in force. Older rules on plastic bags, foam and bottle deposits still apply.
Last verified: October 31, 2026 against the NY Senate bill pages for S1464A and A1749A and Environmental Conservation Law Article 27
The New York packaging reduction law is a bill, not a statute. It would make large companies pay for the recycling of the boxes, bottles and wrappers they put on the market, a model known as extended producer responsibility, or EPR. This page explains what the bill says, where it stands, and which New York packaging rules you must follow today.
Key facts
- Bill: Packaging Reduction and Recycling Infrastructure Act, S1464A in the Senate and A1749A in the Assembly.
- Sponsors: Senator Pete Harckham and Assemblymember Deborah Glick.
- Status: passed the Senate on May 28, 2025 by 33 to 25, with no Assembly floor vote.
- Proposed reductions: 10 percent within three years and 30 percent within 12 years.
- Covered producers: at least $5 million in global gross revenue and at least two tons of covered material sold into New York in a year.
- In force now: the plastic bag ban, the foam container ban and the five-cent bottle deposit.
What would the New York packaging reduction law do?
The bill would add a new Title 34 to Article 27 of the Environmental Conservation Law, covering ECL §§ 27-3401 to 27-3445. It would shift recycling costs from taxpayers and local governments to the companies that sell packaged goods.
- Producer-funded program: covered producers would pay into an EPR program for collecting and recycling packaging.
- Reduction targets: a 10 percent cut in packaging within three years and 30 percent within 12 years.
- Toxic chemicals: certain chemicals, including PFAS, would be removed from packaging on a set schedule.
- Who is covered: producers with at least $5 million in global gross revenue that put at least two tons of covered material into New York in a year. Smaller producers would be treated as de minimis.
- Enforcement: after April 2026 amendments, the Department of Environmental Conservation (DEC) and the Attorney General would enforce it.
The sponsors announced the amendments on April 29, 2026, after the amended A versions were printed on April 27. They removed five toxic substances from the list, dropped a proposed task force and lengthened waivers and compliance timelines to line up with Minnesota and California.
Is the New York EPR law in effect?
No. A bill becomes law only after both houses pass the same text and the Governor signs it. Earlier versions passed the Senate in 2024 and 2025 without an Assembly vote, and in 2026 the amended bill never reached a floor vote in either house.
| Date | What happened |
|---|---|
| January 10, 2025 | S1464 introduced and sent to the Environmental Conservation Committee |
| May 28, 2025 | Passed the Senate, 33 to 25 |
| April 27, 2026 | Amended as S1464A and A1749A |
| May 21, 2026 | Advanced to third reading in the Senate |
| June 5, 2026 | Committed to the Rules Committee as the 2026 session ended without a final vote |
Industry groups, including packaging and paper trade associations, argued the bill was too rigid and would raise costs. Environmental groups pushed back, and the treatment of chemical recycling stayed a sticking point. A separate bill to raise the bottle deposit from 5 to 10 cents, S5684, also did not move in 2026.
Pending bill: the Legislature’s two-year term runs through 2026, so any version that is not passed would have to be reintroduced in a new term. Check the bill pages on the NY Senate website before you rely on this page for business planning.
Is there a legal challenge to the New York EPR law?
No lawsuit has been filed against a New York EPR law, because New York does not have one. Any legal challenge would have to wait until a bill is signed.
Businesses in other states have gone to court. Oregon, which has an EPR program like Maine, Colorado and California, faced a constitutional challenge from a wholesale distributors trade group. In February 2026 a federal judge granted a preliminary injunction that blocks enforcement against the group’s members as of February 6, 2026. If New York passes a law, expect similar claims, usually on commerce clause or due process grounds.
Which New York packaging rules apply today?
Three state rules already shape packaging, and all three sit in Article 27 of the Environmental Conservation Law.
| Rule | Statute | What it requires |
|---|---|---|
| Plastic bag ban | ECL § 27-2803 | Stores that collect sales tax cannot give out plastic carryout bags unless the bag is exempt |
| Foam ban | ECL § 27-3003 | Since January 1, 2022, food service providers and stores cannot sell disposable food containers made of expanded polystyrene foam, and packing peanuts are banned |
| Bottle deposit | ECL § 27-1005 | Covered beverage containers carry a refund value of at least five cents |
The bag law exempts bags for raw meat and fish, bulk produce, prescription drugs, newspapers, trash bags and restaurant carryout, among others. Local governments may add a five-cent fee on paper bags under ECL § 27-2805, and New York City is among those that did. Of that fee, 40 percent goes back to the city or county for reusable bags and the rest to the Environmental Protection Fund.
After a warning, a store that breaks the bag ban faces a civil penalty of $250 for the first violation and $500 for each later violation in the same calendar year, under ECL § 27-2807. DEC, the Department of Agriculture and Markets and the Attorney General can enforce it.
Myths and facts about the packaging law
| Myth | Fact |
|---|---|
| New York already makes brands pay for packaging recycling. | No. The EPR bill has not been enacted, and only the bag, foam and deposit rules are in force. |
| The Senate vote made it law. | No. The Assembly never voted on it and the Governor never signed it. |
| Small shops must cut packaging by 30 percent. | No such duty exists today, and the bill targets producers with at least $5 million in global gross revenue. |
What does this mean for a New York business?
Picture a Buffalo grocer with plastic bags at checkout. The bag ban already applies, and the EPR bill would not change that rule. Now picture a national brand shipping goods into Albany. It would face producer duties only if a version of the bill is signed later. For now, follow the bag, foam and deposit rules and watch the bill.
Related pages: the money, business and consumer section lists other business rules, and our editorial policy explains how we check every page.
Frequently asked questions
What is extended producer responsibility?
EPR makes the companies that sell packaged goods pay for collecting and recycling that packaging. Maine, Oregon, Colorado, California and Minnesota are among the states that have adopted programs. New York has only proposed one so far.
Did the New York packaging bill pass in 2026?
No. The amended bill advanced in Senate committees in May 2026, but the 2026 session ended without a final vote and it was sent back to the Rules Committee on June 5.
Are plastic bags banned in New York?
Yes, with exemptions. ECL § 27-2803 bars stores that collect sales tax from giving out plastic carryout bags unless they are exempt, such as bags for raw meat or prescriptions.
Is foam packaging legal in New York?
Not for food containers or packing peanuts. Since January 1, 2022, ECL § 27-3003 bars selling disposable food containers with expanded polystyrene foam, and loose fill packing peanuts.
What is the New York bottle deposit?
Covered beverage containers carry a refund value of at least five cents under ECL § 27-1005. A bill to raise it to 10 cents, S5684, did not move in 2026.
What changed on this page
- October 31, 2026: first publication, checked against the NY Senate bill pages for S1464A and A1749A and ECL Article 27 Titles 10, 28 and 30. Spotted a mistake? See our corrections page.
If this affects you
For bag, foam or deposit questions, contact the NY Department of Environmental Conservation. For a business-specific question, a New York-licensed business or environmental attorney can review your products, and the New York State Bar Association lawyer referral service can help you find one.
