Bill Summary
The "Farewell to Foam Act of 2025" is a proposed legislation aimed at banning the sale and distribution of expanded polystyrene (EPS) products in the United States, specifically targeting three categories: food service ware, loose fill packaging (commonly known as packing peanuts), and coolers. The Act defines these products in detail and establishes a timeline for the ban, which is set to take effect on January 1, 2028.
Key provisions of the Act include:
1. **Definitions**: It clearly defines terms such as expanded polystyrene, food service providers, manufacturers, distributors, and retailers involved in the sale and distribution of EPS products.
2. **Ban Implementation**: Starting in 2028, food service providers, manufacturers, distributors, and retailers will be prohibited from selling or distributing the specified EPS products.
3. **Enforcement Mechanism**: The legislation outlines enforcement procedures, including a system of written notifications for first-time violations and escalating civil penalties for subsequent violations, with specific amounts set for repeat offenses.
4. **State Enforcement**: The act allows for states to enforce the legislation if they meet certain requirements set forth by the Administrator of the Environmental Protection Agency.
5. **Regulatory Authority**: The Administrator is granted the power to create any necessary regulations to implement the Act effectively.
Overall, the Act aims to reduce environmental impacts associated with EPS, promoting the use of more sustainable alternatives in food service and packaging industries.
Possible Impacts
The "Farewell to Foam Act of 2025" has the potential to affect various stakeholders in different ways. Here are three examples:
1. **Impact on Food Service Providers**: Restaurants, caterers, and other food service providers will need to adjust their packaging and serving materials to comply with the ban on expanded polystyrene (EPS) products. This may lead to increased operational costs as they transition to alternative materials, which could affect pricing for consumers. Additionally, food service providers may need to invest in training staff or updating their supply chains to accommodate these changes.
2. **Environmental Benefits for Communities**: The legislation aims to reduce environmental pollution associated with EPS, which is not biodegradable and can contribute to landfill waste and ocean pollution. Communities may experience cleaner public spaces and less litter, leading to improved public health and environmental outcomes. This could also foster a greater awareness and shift toward sustainable practices in packaging and waste management among consumers and businesses.
3. **Economic Implications for Manufacturers and Distributors**: Companies that manufacture or distribute expanded polystyrene products may face significant economic challenges due to the prohibition. They will need to pivot their business models, which may involve investing in new product lines or technologies that are compliant with the legislation. This transition could lead to job losses in the short term as companies reorganize but may also create new job opportunities in the sustainable packaging sector over time. Additionally, the penalties for non-compliance could impose financial strains on smaller businesses that may struggle to adapt quickly.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 897 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 897
To prohibit the sale and distribution of expanded polystyrene food
service ware, expanded polystyrene loose fill, and expanded polystyrene
coolers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2025
Mr. Van Hollen (for himself, Mr. Blumenthal, Mr. Booker, Mr. Durbin,
Mr. King, Mr. Markey, Mr. Merkley, Mr. Padilla, Mr. Sanders, Ms.
Warren, Mr. Welch, and Mr. Wyden) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To prohibit the sale and distribution of expanded polystyrene food
service ware, expanded polystyrene loose fill, and expanded polystyrene
coolers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farewell to Foam Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Biological product.--The term ``biological product''
has the meaning given the term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
(3) Covered polystyrene foam ware.--The term ``covered
polystyrene foam ware'' means--
(A) an expanded polystyrene cooler;
(B) an expanded polystyrene food service ware; and
(C) expanded polystyrene loose fill.
(4) Distributor.--The term ``distributor'' means any person
that distributes covered polystyrene foam ware that is sold or
offered for sale in the United States.
(5) Drug.--The term ``drug'' has the meaning given the term
in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(6) Expanded polystyrene.--The term ``expanded
polystyrene'' means blown polystyrene and expanded or extruded
foams that are thermoplastic petrochemical materials utilizing
a styrene monomer and processed by any technique or combination
of techniques, including fusion of polymer spheres (expandable
bead polystyrene), injection molding, foam molding, and
extrusion-blow molding (extruded foam polystyrene).
(7) Expanded polystyrene cooler.--
(A) In general.--The term ``expanded polystyrene
cooler'' means a portable container made entirely or
partially of expanded polystyrene that is designed or
intended to be used for cold storage.
(B) Exclusion.--The term ``expanded polystyrene
cooler'' excludes portable containers intended to be
used for drugs, medical devices, or biological
products.
(8) Expanded polystyrene food service ware.--
(A) In general.--The term ``expanded polystyrene
food service ware'' means a product made of expanded
polystyrene that is--
(i) used for selling or providing food or
beverages; and
(ii)(I) intended by the manufacturer to be
used once for eating or drinking; or
(II) generally recognized by the public as
an item to be discarded after 1 use.
(B) Inclusions.--The term ``expanded polystyrene
food service ware'' includes any product described in
subparagraph (A) consisting of a bowl, plate, hot or
cold beverage cup, lid, clamshell, tray, carton for
eggs or other food, or any other item used for serving
or containing prepared food, including takeout food and
leftovers from partially consumed meals prepared by
food vendors.
(9) Expanded polystyrene loose fill.--The term ``expanded
polystyrene loose fill'' means a void-filling packaging product
made of expanded polystyrene foam that is used as a packaging
fill (commonly referred to as ``packing peanuts'').
(10) Food service provider.--The term ``food service
provider'' means a person engaged in the business of selling or
distributing prepared food or beverages for on-premise or off-
premise consumption, including any--
(A) food service establishment, caterer, temporary
food service establishment, mobile food service
establishment, and pushcart;
(B) retail food store;
(C) delicatessen;
(D) grocery store;
(E) restaurant;
(F) cafeteria;
(G) coffee shop;
(H) hospital, adult care facility, and nursing
home; and
(I) elementary or secondary school, college, and
university.
(11) Manufacturer.--The term ``manufacturer'' means any
person that manufactures or imports covered polystyrene foam
ware that is sold, offered for sale, or distributed in the
United States.
(12) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(13) Prepared food.--
(A) In general.--The term ``prepared food'' means
food or beverages that--
(i) are cooked, chopped, sliced, mixed,
brewed, frozen, heated, squeezed, combined, or
otherwise prepared on the premises of a food
service provider for immediate consumption; and
(ii) require no further preparation to be
consumed.
(B) Inclusion.--The term ``prepared food'' includes
ready-to-eat takeout foods and beverages described in
subparagraph (A).
(14) Retailer.--The term ``retailer'' means any person that
sells, supplies, or offers to consumers covered polystyrene
foam ware.
SEC. 3. BAN ON EXPANDED POLYSTYRENE FOOD SERVICE WARE, LOOSE FILL, AND
COOLERS.
(a) Expanded Polystyrene Food Service Ware.--Beginning on January
1, 2028, no food service provider, manufacturer, distributor, or
retailer shall sell, offer for sale, or distribute expanded polystyrene
food service ware.
(b) Expanded Polystyrene Loose Fill and Expanded Polystyrene
Coolers.--Beginning on January 1, 2028, no manufacturer, distributor,
or retailer shall sell, offer for sale, or distribute expanded
polystyrene loose fill or expanded polystyrene coolers.
SEC. 4. ENFORCEMENT.
(a) Written Notification for First Violation.--If a food service
provider, manufacturer, distributor, or retailer violates section 3,
the Administrator shall provide that food service provider,
manufacturer, distributor, or retailer with written notification
regarding the violation.
(b) Subsequent Violations.--
(1) In general.--If a food service provider, manufacturer,
distributor, or retailer, subsequent to receiving a written
notification under subsection (a), violates section 3 again,
the Administrator shall impose a civil penalty on the food
service provider, manufacturer, distributor, or retailer in
accordance with this subsection.
(2) Amount of penalty.--For each violation described in
paragraph (1), the amount of the civil penalty under that
paragraph shall be--
(A) in the case of the second violation, $250;
(B) in the case of the third violation, $500; and
(C) in the case of the fourth, and any subsequent,
violation, $1,000.
(3) Limitations.--
(A) Food service providers; retailers.--In the case
of a food service provider or retailer the annual
revenue of which is less than $1,000,000, a penalty
shall not be imposed under this subsection more than
once during any 7-day period.
(B) Manufacturer; distributors.--In the case of a
manufacturer or distributor the annual revenue of which
is less than $5,000,000, a penalty shall not be imposed
under this subsection more than once during any 7-day
period.
(c) State Enforcement.--The Administrator may permit a State to
carry out enforcement under this section if the Administrator
determines that the State meets such requirements as the Administrator
may establish.
SEC. 5. REGULATIONS.
The Administrator may promulgate such regulations as the
Administrator determines necessary to carry out this Act.
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