Farewell to Foam Act of 2023

This bill bans the sale and distribution of expanded polystyrene (EPS) food service ware, EPS loose fill (packing peanuts), and EPS 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), 'expanded polystyrene' (blown and extruded foams using styrene monomer), 'food service provider' (businesses selling prepared food or beverages), 'manufacturer,' 'distributor,' and 'retailer.' Excludes portable containers for drugs, medical devices, or biological products from the definition of EPS coolers.

Sec. 3, Ban on expanded polystyrene food service ware, loose fill, and coolers: Starting January 1, 2026, no food service provider, manufacturer, distributor, or retailer may sell, offer for sale, or distribute EPS food service ware. Also starting January 1, 2026, no manufacturer, distributor, or retailer may sell, offer for sale, or distribute EPS loose fill or EPS 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 any later violation. For food service providers or retailers with annual revenue under $1 million, a penalty cannot be imposed more than once per 7-day period. For manufacturers or distributors with annual revenue under $5 million, the same 7-day limit applies. The Administrator may allow a state to enforce this section.

Sec. 5, Regulations: The Administrator may issue regulations needed to carry out this Act.