Farewell to Foam Act

Full Title:
Farewell to Foam Act of 2025

Summary#

This bill would ban the sale and distribution of certain expanded polystyrene (EPS) products starting January 1, 2028. It covers three categories: EPS food service ware (single-use items such as bowls, plates, hot or cold beverage cups, lids, clamshells, trays, and other takeout containers), EPS loose fill (packing peanuts), and EPS coolers. Portable coolers intended for use with drugs, medical devices, or biological products are excluded. The Environmental Protection Agency (EPA) is the Administrator responsible for enforcement and may write regulations to carry out the law. For a first violation the EPA must provide a written notification. Subsequent violations carry civil penalties: $250 for the second violation, $500 for the third, and $1,000 for the fourth and any later violation. The EPA may allow States to carry out enforcement if they meet EPA requirements.

What it means for you#

  • Food service providers (restaurants, cafeterias, coffee shops, schools, hospitals, caterers, mobile vendors, etc.) may not sell, offer for sale, or distribute EPS food service ware after January 1, 2028.
  • Manufacturers, distributors, and retailers may not sell, offer for sale, or distribute EPS loose fill or EPS coolers after that date, except coolers used for drugs, medical devices, or biological products.
  • For a first violation the EPA gives written notice. Repeat violations can lead to civil penalties as described above.
  • Penalty frequency limits apply for smaller businesses: food service providers or retailers with annual revenue under $1,000,000, and manufacturers or distributors with annual revenue under $5,000,000, cannot be penalized more than once in any 7-day period.

Expenses#

  • The bill sets civil penalties for repeat violations: $250 (second), $500 (third), and $1,000 (fourth and subsequent).
  • No publicly available information on estimated costs to businesses or consumers for replacing EPS items, or on federal budgetary effects.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.