The "Farewell to Foam Act of 2025" bans the sale and distribution of expanded polystyrene food service ware, loose fill, and coolers starting January 1, 2028, with escalating penalties for violations.
Lloyd Doggett
Representative
TX-37
The "Farewell to Foam Act of 2025" bans the sale, offer for sale, or distribution of expanded polystyrene (EPS) food service ware, loose fill, and coolers starting January 1, 2028. The ban applies to food service providers, manufacturers, distributors, and retailers, with escalating civil penalties for violations after an initial written warning. The EPA Administrator is authorized to enforce the ban and create necessary regulations, and may allow states to enforce the ban if they meet the Administrator's requirements. Certain entities with lower annual revenues will face limitations on how frequently they can be penalized.
Foam Food Containers, Packing Peanuts Face 2028 Ban Under New Bill
The "Farewell to Foam Act of 2025" aims to kick polystyrene foam – think takeout containers, packing peanuts, and those cheap coolers – to the curb, nationwide. Starting January 1, 2028, selling or distributing these items will be illegal across the U.S., targeting everyone from manufacturers to your local coffee shop. (SEC. 3)
Trash Talk: What's Out
The bill zeroes in on single-use expanded polystyrene (EPS) foam. This means:
- Food service ware: Plates, cups, bowls, clamshells – basically anything your takeout comes in. (SEC. 2)
- Loose fill: Those annoying packing peanuts that stick to everything. (SEC. 2)
- Expanded polystyrene cooler: The cheap, single use coolers. (SEC. 2)
- Exception: Coolers for medical stuff, drugs, and "biological products" get a pass. (SEC. 2)
The Fine Print: Enforcing the Ban
So, how will this actually work? The Environmental Protection Agency (EPA) is in charge. (SEC. 4, SEC. 5) Here's the deal on penalties:
- First offense: A written warning. Consider it a heads-up. (SEC. 4)
- Second offense: A $250 fine. (SEC. 4)
- Third offense: A $500 fine. (SEC. 4)
- Fourth offense (and beyond): $1,000 per violation. (SEC. 4)
Smaller businesses get a bit of a break. If a food service provider or retailer makes less than $1 million a year, or a manufacturer/distributor makes less than $5 million, they can only be fined once per week. (SEC. 4)
Real-World Rollout: What to Expect
Imagine your favorite lunch spot. Come 2028, that foam container for your salad? Gone. They'll need to switch to something else – paper, compostable materials, or maybe even encourage you to bring your own reusable container. The same goes for online retailers – those packing peanuts protecting your new gadget will be replaced with a different filler.
While the bill aims to reduce plastic waste – which is good for the environment and wildlife – there are potential bumps in the road. Businesses might switch to other single-use plastics, which aren't necessarily better. There's also the chance some companies will look for loopholes, tweaking their foam just enough to technically avoid the ban. And, let's be real, enforcement might be tricky, especially for smaller businesses.
Overall, the "Farewell to Foam Act of 2025" is a significant step towards ditching a common, problematic material. Whether it leads to truly sustainable solutions, or just shifts the problem, remains to be seen. The EPA is authorized to create regulations to implement the law, and can even authorize states to enforce the ban if they meet certain criteria. (SEC. 4, SEC. 5)