Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
773
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
permitting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage for certain
purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 1 of section 27-3005 of the
environmental conservation law, as added by a chapter of the laws of
2024 amending the environmental conservation law relating to prohibiting
the sale or distribution of expanded polystyrene containers that are
designed or intended to be used for cold storage, as proposed in legis-
lative bills numbers S. 4414-A and A. 4943-A, is amended to read as
follows:
(c) 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 FOR:
(i) [for] drugs[,] AND medical devices[, and biological materials] as
defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301
et seq.); [or]
(ii) animal biologics, including vaccines, bacterins, antisera, diag-
nostic kits, and other products of biological origin, and other packag-
ing materials regulated by the United States department of agriculture
under the virus, serum, toxin act (21 U.S.C. 151-159), including
vaccines[.];
(III) TISSUES AS DEFINED IN SECTION FORTY-THREE HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW OR BIOLOGICAL PRODUCTS AS DEFINED IN THE FEDERAL
PUBLIC HEALTH SERVICE ACT (42 U.S.C. SEC 262);
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02914-01-5
S. 773 2
(IV) TEMPERATURE-SENSITIVE SAMPLES, CULTURES OR SPECIALIZED LABORATORY
REAGENTS REQUIRING COLD STORAGE DURING SHIPMENT, EITHER DELIVERED TO OR
RECEIVED FROM:
(A) THE DEPARTMENT OF AGRICULTURE AND MARKET'S FOOD LABORATORY PURSU-
ANT TO ITS DUTIES UNDER THE AGRICULTURE AND MARKETS LAW; OR
(B) LABORATORIES FOR TESTING TO HELP ENSURE HUMAN HEALTH, ANIMAL
HEALTH, AND/OR FOOD SAFETY PURSUANT TO STATUTORY OR REGULATORY REQUIRE-
MENTS OF, OR STANDARDS ESTABLISHED UNDER, PROGRAMS ADMINISTERED BY THE
DEPARTMENT, THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF AGRICULTURE AND
MARKETS, THE UNITED STATES DEPARTMENT OF AGRICULTURE AND/OR THE UNITED
STATES FOOD AND DRUG ADMINISTRATION; OR
(V) MICROBIAL CULTURES USED FOR DAIRY, MEAT, OR FERMENTED BEVERAGE
MANUFACTURING AND REQUIRING COLD STORAGE DURING SHIPMENT OR DELIVERY TO
DAIRY OR MEAT PROCESSING PLANTS OR BREWERIES AND WINERIES AS DEFINED IN
SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
§ 2. Subparagraphs (iii), (iv) and (v) of paragraph (c) of subdivision
1 of section 27-3005 of the environmental conservation law, as added by
section one of this act, are amended to read as follows:
(iii) tissues as defined in section forty-three hundred sixty of the
public health law or biological products as defined in the federal
Public Health Service Act (42 U.S.C. Sec 262); OR
(iv) temperature-sensitive samples, cultures or specialized laboratory
reagents requiring cold storage during shipment, either delivered to or
received from:
(A) the department of agriculture and market's food laboratory pursu-
ant to its duties under the agriculture and markets law; or
(B) laboratories for testing to help ensure human health, animal
health, and/or food safety pursuant to statutory or regulatory require-
ments of, or standards established under, programs administered by the
department, the department of health, the department of agriculture and
markets, the United States department of agriculture and/or the United
States food and drug administration[; or
(v) microbial cultures used for dairy, meat, or fermented beverage
manufacturing and requiring cold storage during shipment or delivery to
dairy or meat processing plants or breweries and wineries as defined in
section three of the alcoholic beverage control law].
§ 3. Subparagraphs (ii), (iii) and (iv) of paragraph (c) of subdivi-
sion 1 of section 27-3005 of the environmental conservation law, subpar-
agraph (ii) as amended by section one of this act and subparagraphs
(iii) and (iv) as amended by section two of this act, are amended to
read as follows:
(ii) animal biologics, including vaccines, bacterins, antisera, diag-
nostic kits, and other products of biological origin, and other packag-
ing materials regulated by the United States department of agriculture
under the virus, serum, toxin act (21 U.S.C. 151-159), including
vaccines; OR
(iii) tissues as defined in section forty-three hundred sixty of the
public health law or biological products as defined in the federal
Public Health Service Act (42 U.S.C. Sec 262)[; or
(iv) temperature-sensitive samples, cultures or specialized laboratory
reagents requiring cold storage during shipment, either delivered to or
received from:
(A) the department of agriculture and market's food laboratory pursu-
ant to its duties under the agriculture and markets law; or
(B) laboratories for testing to help ensure human health, animal
health, and/or food safety pursuant to statutory or regulatory require-
S. 773 3
ments of, or standards established under, programs administered by the
department, the department of health, the department of agriculture and
markets, the United States department of agriculture and/or the United
States food and drug administration].
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2024 amending the environmental
conservation law relating to prohibiting the sale or distribution of
expanded polystyrene containers that are designed or intended to be used
for cold storage, as proposed in legislative bills numbers S. 4414-A and
A. 4943-A, takes effect; provided further, however, that section two of
this act shall take effect January 1, 2030; and provided further, howev-
er, that section three of this act shall take effect January 1, 2035.Every fact on this page links to its source, starting with the official bill record.