The Farewell to Foam Act of 2025 would prohibit the sale and distribution of expanded polystyrene foam ware, including food service ware, expanded polystyrene loose fill (packing peanuts), and expanded polystyrene coolers, across the United States starting January 1, 2028. The act also defines key terms and assigns enforcement to the Administrator of the Environmental Protection Agency, establishing a tiered civil-penalty framework for violations and outlining regulatory authority and state participation.
In short, the bill sets a nationwide transition away from foam-based packaging by imposing a concrete ban date, a formal enforcement regime, and a pathway for industry to shift to alternatives, with a careful balance of penalties and exemptions based on business size. It aims to reduce foam waste and litter while providing a clear compliance playbook for food service providers, manufacturers, and retailers.
At a Glance
What It Does
Beginning January 1, 2028, no food service provider, manufacturer, distributor, or retailer may sell, offer for sale, or distribute expanded polystyrene food service ware. The ban also covers expanded polystyrene loose fill and expanded polystyrene coolers.
Who It Affects
Directly affects food service providers, manufacturers, distributors, and retailers that handle EPS foam materials in the U.S.—including restaurants, schools, grocery stores, and catering operations.
Why It Matters
Establishes a uniform nationwide standard to curb foam-related waste and environmental contamination, while requiring a feasible transition to alternatives and a structured enforcement framework.
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What This Bill Actually Does
The bill defines terms central to its scope, including what counts as expanded polystyrene foam ware, what constitutes EPS loose fill, and who is covered by the ban. It then imposes a hard, nationwide prohibition on the sale and distribution of these products, effective January 1, 2028, for food-service ware, packing peanuts, and portable coolers.
The ban extends to all stages of the supply chain—manufacturers, distributors, and retailers—across the United States.
Enforcement is centralized in the EPA Administrator, who can issue regulations to implement the act and may allow states to participate in enforcement if they meet certain criteria. The bill also creates a two-track penalty regime: an initial written notice for a first violation, followed by escalating civil penalties for subsequent violations.
Denominated penalties are tiered (second violation: $250; third: $500; fourth and beyond: $1,000), with exemptions for small entities based on annual revenue and a cap limiting penalties to one per seven days for small providers and small manufacturers/distributors.Regulations issued under the act would be designed to carry out the ban and clarify definitions, testing standards, and compliance deadlines. The overall design is to drive a shift toward alternative, non-foam materials while providing a regulated path for industry to adapt and for policymakers to monitor environmental and economic impacts.
The Five Things You Need to Know
The bill bans expanded polystyrene food service ware starting January 1, 2028.
The ban also covers expanded polystyrene loose fill and expanded polystyrene coolers starting the same date.
A tiered civil-penalty structure applies for violations (second: $250; third: $500; fourth and beyond: $1,000).
Small entities are protected by revenue-based penalties that cap enforcement actions to once per seven days.
States may be authorized to enforce the act if conditions are met by the Administrator.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title
This section designates the bill as the Farewell to Foam Act of 2025 and states its legislative intent to phase out expanded polystyrene foam ware and related products.
Definitions
This section provides comprehensive definitions for terms used in the bill, including Administrator, expanded polystyrene, covered polystyrene foam ware, expanded polystyrene cooler, expanded polystyrene food service ware, and food service provider. It also defines related terms like prepared food, retailer, and manufacturer to specify who is regulated.
Ban on EPS products
This section establishes the nationwide prohibition: starting January 1, 2028, no party—food service providers, manufacturers, distributors, or retailers—may sell, offer for sale, or distribute expanded polystyrene food service ware, loose fill, or coolers.
Enforcement
This section outlines enforcement mechanics: a first violation triggers written notification; subsequent violations incur civil penalties with a tiered schedule ($250, $500, $1,000). It also sets revenue-based exemptions and a seven-day cap on penalties for small entities, and it authorizes the Administrator to permit state enforcement under specified conditions.
Regulations
This section authorizes the Administrator to promulgate regulations necessary to carry out the Act, including implementing standards, definitions, and compliance methods.
This bill is one of many.
Codify tracks hundreds of bills on Environment across all five countries.
Explore Environment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Local governments and waste-management programs may see reduced litter and cleanup costs from foam debris.
- Food service providers that transition to non-foam alternatives align with consumer preferences and avoid penalties, improving compliance predictability.
- Manufacturers and suppliers of alternative, non-foam ware gain new market opportunities and demand.
- Waste-management and recycling facilities handle non-foam packaging with potentially easier processing and lower contamination.
- Environmental groups cite measurable reductions in foam-related waste and microplastics as a policy win.
Who Bears the Cost
- EPS foam ware manufacturers and distributors face lost sales and revenue in the affected product lines.
- Food service retailers and operators who rely on EPS packaging incur transition costs and potential capital expenditures for substitutes.
- Small entities under revenue thresholds may face compliance costs and price pressures despite the seven-day penalty cap.
- Consumers may experience higher prices for disposable ware and takeout packaging as supply chains shift.
- State and local regulators incur administrative costs to implement and enforce the new standard, including potential training and oversight.
Key Issues
The Core Tension
The central dilemma is balancing environmental protection with economic and logistical feasibility: banning a widely used packaging material reduces waste but imposes costs and transition challenges on businesses and workers, and there is no guaranteed simplicity in finding or scaling adequate non-foam alternatives.
The act presents a clear environmental objective—reducing foam waste—while relying on a centralized federal enforcement framework and the option for state-level enforcement. The transition hinges on the availability and affordability of suitable non-foam alternatives and on the capacity of the compliance ecosystem (manufacturers, distributors, retailers, and food service providers) to adapt by 2028.
Potential tensions include shifting waste streams to other plastics, uncertainties around the lifecycle costs of substitutes, and the administrative burden on smaller businesses. The act leaves unresolved questions about international supply chain impacts, the speed of market adaptation, and the ultimate environmental trade-offs of substitutions in refrigeration and packaging.
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