PRIA Logo™
119-s-897119th CongressWALLET

Farewell to Foam Act of 2025

Sponsored By: Senator Van Hollen, Chris [D-MD]

Introduced

Summary

Nationwide ban on expanded polystyrene (EPS) foodware and common packing materials. This bill would phase in a prohibition on the sale and distribution of EPS food service ware, EPS loose fill, and EPS coolers beginning January 1, 2028 and gives the Environmental Protection Agency authority to issue regulations and oversee enforcement.

Show full summary
  • Families and consumers: Consumers would no longer receive EPS takeout containers, foam cups, or packing peanuts from businesses covered by the ban.
  • Small businesses and food providers: Food service providers and retailers with under $1 million in annual revenue get limits on penalty frequency, with fines not imposed more than once in any 7 day period.
  • Manufacturers and distributors: Manufacturers and distributors would face escalating civil penalties up to $1,000 and have limited penalty frequency if annual revenue is under $5 million.
  • Health and state enforcement: EPS coolers used for drugs, medical devices, or biological products are excluded, and the EPA can authorize states to enforce the law if they meet federal requirements.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

Nationwide ban on foam foodware

If enacted, this bill would prohibit selling, offering for sale, or distributing expanded polystyrene (EPS) food service ware, EPS loose fill (packing peanuts), and EPS coolers in the United States starting January 1, 2028. It would define which items are covered, including single-use foam plates, bowls, cups, lids, clamshells, trays, egg cartons, and packing peanuts. The ban would apply to food service providers, manufacturers, distributors, and retailers as defined in the bill. Portable EPS coolers intended for drugs, medical devices, or biological products would be excluded from the ban.

Fines and EPA enforcement for businesses

If enacted, the EPA would first send a written notice for a first violation. After that, penalties would be $250 for a second violation, $500 for a third violation, and $1,000 for the fourth and any later violation. For food sellers and retailers with under $1,000,000 in annual revenue, and manufacturers/distributors with under $5,000,000, penalties could not be imposed more than once in any 7-day period. The EPA could allow States to carry out enforcement if the State meets EPA requirements and could write regulations needed to implement the ban.

Sponsors & CoSponsors

Sponsor

Van Hollen, Chris [D-MD]

MD • D

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 3/6/2025

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 3/6/2025

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 3/6/2025

  • Sen. King, Angus S., Jr. [I-ME]

    ME • I

    Sponsored 3/6/2025

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 3/6/2025

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 3/6/2025

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 3/6/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 3/6/2025

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 3/6/2025

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 3/6/2025

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 3/6/2025

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 5/22/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation