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Ulster County committee debates scope of proposed ban on thermoformed and black food-service plastics
Summary
Committee members and county environmental staff discussed advancing a local law to ban certain disposable food-service plastics, focusing on thermoformed clamshells first and whether to later add black/pigmented plastics; staff urged precise language and a phased approach to avoid unintentionally banning recyclable items.
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The Energy, Environment and Sustainability Committee of the Ulster County Legislature debated whether to move forward with a local law to ban certain disposable food-service plastics, focusing first on thermoformed clamshells and whether to later add black or heavily pigmented plastics.
Chair Dave Hewitt, chair of the Energy, Environment and Sustainability Committee, said he wanted to "start with thermoform and move on to black," arguing that a limited first step would help food-service businesses shift to compostable or greener alternatives while avoiding undue financial burden.
Director Justin Ryder, Department of the Environment, urged caution on the wording. "I just wanna be very specific in and not ban something that we're not intending on banning because it's recyclable," he said, noting that some thermoformed plastics are recyclable while others are not.
Committee members pressed on details the law would need to specify. Legislator Litz asked whether a ban on black plastics would extend to large black garbage bags used for construction and other non-food uses; committee members clarified the proposal is limited to food-service to-go containers. Several members and the director said they would prefer a phased approach: begin with thermoformed clamshells, then consider pigmented/black plastics after more study and outreach to local food-service operators.
Supporters said pigmented and black plastics are often dyed with additives that make recycling unlikely and introduce toxic components into the waste stream, and that identifying worst-actors first could maximize environmental benefit. Opponents and staff cautioned that immediate inclusion of multiple categories could overwhelm restaurants and other food vendors because compostable alternatives typically cost more.
There was agreement to postpone formal action: Chair Hewitt recommended taking no action at the meeting and to work with the Department of the Environment and the committee to craft precise language and a realistic timeline for implementation.
The committee did not vote on the local law at the meeting and directed sponsors and staff to refine the draft, including clearer definitions about which products are covered and the schedule for compliance.

