Farewell to Foam Act of 2025

This bill prohibits the sale and distribution of expanded polystyrene food service ware, loose fill (packing peanuts), and coolers in the United States starting January 1, 2028, with enforcement by the Environmental Protection Agency (EPA).

Sec. 2, Definitions: Defines key terms including expanded polystyrene (blown or extruded foam using styrene monomer), covered polystyrene foam ware (coolers, food service ware, and loose fill), and entities like manufacturers, distributors, retailers, and food service providers (e.g., restaurants, schools, hospitals). Excludes coolers for drugs, medical devices, or biological products.

Sec. 3, Ban on expanded polystyrene food service ware, loose fill, and coolers: From January 1, 2028, food service providers, manufacturers, distributors, and retailers cannot sell, offer for sale, or distribute expanded polystyrene food service ware. Also, manufacturers, distributors, and retailers cannot sell or distribute expanded polystyrene loose fill or coolers.

Sec. 4, Enforcement: For a first violation, the EPA Administrator gives a written notice. For subsequent violations, civil penalties apply: $250 for second, $500 for third, and $1,000 for fourth or 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. The Administrator may let states enforce the law.

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