N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-2.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 353-2.3 - Financial Hardship Waivers

(a) Eligibility for waiver. The following facilities and covered food service providers described in paragraphs (1) and (2) of this subdivision are eligible to apply to the department for a financial hardship waiver from the requirements of subdivision 1 of section 27-3003 of the ECL and Section 353-2.1 of this Subpart for one or more disposable food service containers sold, offered for sale, or distributed by a facility or covered food service provider:

(1) Any facility, including but not limited to a community meal program, food pantry, or place of worship that meets the following criteria:

(i) The facility provides food to food insecure individuals at no or nominal charge; and

(ii) The facility is operated by either one of the following:

(a) a federal, state, or local government agency; or

(b) a not-for-profit corporation authorized to conduct activities in New York State.

(2) Any covered food service provider that meets the following criteria:

(i) The covered food service provider has an annual gross income under $500,000 dollars per location as stated on the income tax filing for the most recent tax year;

(ii) The covered food service provider does not operate 10 or more locations within New York State; and

(iii) The covered food service provider is not operated pursuant to a franchise agreement.

(b) Waiver application.

A complete application for a hardship waiver must be submitted on a form prescribed by the department and include the following information for facilities and covered food service providers, as applicable:

(1) a list and description of all disposable food service containers that contain expanded polystyrene foam containers the facility or covered food service provider wants to continue selling, offering for sale, or distributing, including information on container type, size, cost per unit, and quantity purchased per calendar year;

(2) a list of comparable alternative products for each container with information concerning the container type and material, size, cost per unit, and annual cost for purchasing the alternative container;

(3) calculations showing the annual cost difference of switching to an alternative container from a single-use disposable expanded polystyrene foam container;

(4) an explanation and showing as to how the purchase or use of an alternative product that is not composed of expanded polystyrene foam would create an undue financial hardship for the facility or covered food service provider;

(5) any other relevant information the facility or covered food service provider chooses to submit to support the waiver application; and

(6) any other information or documentation requested by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-2.3

Adopted New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 4/14/2022