This legislation aims to significantly reduce environmental waste by prohibiting the sale and distribution of certain expanded polystyrene products. Specifically, it targets expanded polystyrene food service ware , expanded polystyrene loose fill (commonly known as packing peanuts), and expanded polystyrene coolers . This ban is set to take effect on January 1, 2028, applying to manufacturers, distributors, retailers, and food service providers. The bill defines expanded polystyrene as blown or extruded foams made from styrene monomer, covering items like bowls, plates, and cups for food service. However, it explicitly excludes portable coolers intended for drugs, medical devices, or biological products to avoid impacting critical medical supply chains. This ensures the prohibition focuses on general consumer and commercial use. Enforcement will be overseen by the Administrator of the Environmental Protection Agency. Initial violations will result in a written notification, followed by escalating civil penalties for subsequent offenses: $250 for a second violation, $500 for a third, and $1,000 for a fourth and any subsequent violation. To protect smaller entities, penalties are limited to once per 7-day period for food service providers and retailers with under $1,000,000 in annual revenue, and for manufacturers or distributors with under $5,000,000 in revenue. The Administrator may also permit states to carry out enforcement and is authorized to promulgate necessary regulations.
This legislation aims to significantly reduce environmental waste by prohibiting the sale and distribution of certain expanded polystyrene products. Specifically, it targets expanded polystyrene food service ware , expanded polystyrene loose fill (commonly known as packing peanuts), and expanded polystyrene coolers . This ban is set to take effect on January 1, 2028, applying to manufacturers, distributors, retailers, and food service providers. The bill defines expanded polystyrene as blown or extruded foams made from styrene monomer, covering items like bowls, plates, and cups for food service. However, it explicitly excludes portable coolers intended for drugs, medical devices, or biological products to avoid impacting critical medical supply chains. This ensures the prohibition focuses on general consumer and commercial use. Enforcement will be overseen by the Administrator of the Environmental Protection Agency. Initial violations will result in a written notification, followed by escalating civil penalties for subsequent offenses: $250 for a second violation, $500 for a third, and $1,000 for a fourth and any subsequent violation. To protect smaller entities, penalties are limited to once per 7-day period for food service providers and retailers with under $1,000,000 in annual revenue, and for manufacturers or distributors with under $5,000,000 in revenue. The Administrator may also permit states to carry out enforcement and is authorized to promulgate necessary regulations.