The Farewell to Foam Act of 2023 would ban the sale and distribution of expanded polystyrene foam products, commonly known as Styrofoam, starting January 1, 2026. The ban covers three main categories: food service containers like cups and takeout boxes, packing peanuts used for shipping, and foam coolers, though medical and pharmaceutical uses are excluded. The legislation affects food service providers, manufacturers, distributors, and retailers who would be prohibited from selling these items. Enforcement begins with a written warning for the first violation, followed by civil penalties ranging from $250 for a second violation up to $1,000 for subsequent violations, with reduced penalty frequency for smaller businesses earning under $1 million or $5 million annually. The Environmental Protection Agency would administer the ban and can authorize states to enforce it as well.
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