NY S04938

Imposes an advanced recycling fee of $0.003 per container on all food service packaging (plates, bowls, cups, trays, lidded containers) provided by manufacturers or distributors at first point of sale in New York State.

Establishes the Food Service Packaging Recycling Fund to collect fees and disburse revenue for infrastructure development, material processing, recycled-content product markets, and local government recycling education and litter cleanup assistance, with no more than 5% used for administrative costs.

Requires the Department of Environmental Conservation to determine recycling and recovery rates by July 1, 2027, and increase the fee to $0.005 per container on January 1, 2028 if the 25% recovery rate target is not met.

Creates a 15-member Food Service Packaging Material Recycling Advisory Council with quarterly meetings and representation from local governments, recyclers, waste haulers, environmental organizations, restaurants, manufacturers, and other stakeholders.

Prohibits cities and counties that adopted local laws banning certain food service packaging after January 1, 2021 from receiving any funds collected under this law.