HR1918-119

What This Bill Does

The Farewell to Foam Act creates a national phaseout for common expanded polystyrene foam products. Beginning January 1, 2028, covered food service providers, manufacturers, distributors, and retailers may not sell, offer for sale, or distribute covered polystyrene foam ware in the United States. Covered ware includes expanded polystyrene food service items such as bowls, plates, beverage cups, lids, clamshells, trays, egg cartons, and takeout containers; expanded polystyrene loose fill such as packing peanuts; and expanded polystyrene coolers. The bill excludes portable coolers used for drugs, medical devices, or biological products. EPA enforces first with written notice, then civil penalties of $250 for a second violation, $500 for a third, and $1,000 for a fourth or later violation, with weekly caps for smaller businesses, and may allow qualified states to enforce the law.

Who Benefits and How

Communities facing foam litter and waste benefit from a national ban on common disposable expanded polystyrene products. Alternative packaging manufacturers benefit from increased demand for non-foam food service ware, loose-fill substitutes, and cooler materials. State environmental agencies benefit if EPA authorizes them to carry out enforcement under federal standards. Wastewater, stormwater, and cleanup programs benefit if fewer foam products enter waterways and public spaces.

Who Bears the Burden and How

Food service providers must replace foam cups, plates, clamshells, trays, cartons, and takeout containers by January 1, 2028. Manufacturers and distributors of covered foam ware lose the ability to sell or distribute covered products in the U.S. market. Retailers must remove covered foam ware from sale and face warnings or civil penalties for repeat violations. EPA must administer notices, penalties, small-business caps, and any state enforcement delegation.

Key Provisions

• Prohibits covered expanded polystyrene food service ware, loose fill, and coolers beginning January 1, 2028.
• Excludes coolers intended for drugs, medical devices, or biological products.
• Establishes written notice for first violations and civil penalties of $250, $500, and $1,000 for repeat violations.
• Allows EPA to permit state enforcement when state programs meet federal requirements.