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This bill prohibits the sale and distribution of expanded polystyrene (EPS) food service ware, loose fill (packing peanuts), and coolers in the United States starting January 1, 2026, with enforcement by the Environmental Protection Agency (EPA).
Sec. 2, Definitions: Defines key terms including 'covered polystyrene foam ware' (EPS coolers, food service ware, and loose fill), 'food service provider' (restaurants, schools, hospitals, etc.), 'manufacturer,' 'distributor,' and 'retailer.' Excludes coolers intended for drugs, medical devices, or biological products.
Sec. 3, Ban on expanded polystyrene food service ware, loose fill, and coolers: From January 1, 2026, food service providers, manufacturers, distributors, and retailers cannot sell, offer for sale, or distribute EPS food service ware. Manufacturers, distributors, and retailers also cannot sell EPS loose fill or coolers.
Sec. 4, Enforcement: For a first violation, the EPA Administrator issues a written notice. For subsequent violations, civil penalties apply: $250 for the second, $500 for the third, and $1,000 for the fourth and later violations. Penalties for small food service providers or retailers (annual revenue under $1 million) and small manufacturers or distributors (under $5 million) cannot be imposed more than once per 7-day period. States may enforce the ban if approved by the EPA.
Sec. 5, Regulations: The EPA Administrator may issue regulations needed to carry out the Act.
Summary of the bill text as introduced in House (Dec 7, 2023), generated by SecBot from the official bill text; the Library of Congress summary is not yet published.
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Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.