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 categories: foam food service ware like takeout containers and cups, foam loose fill packing peanuts, and foam coolers, though medical and pharmaceutical containers would be exempted. The law would apply to food service providers, manufacturers, distributors, and retailers, requiring them to stop selling or offering these products by the deadline. Enforcement would begin with a written warning for first-time violations, followed by civil penalties of $250 for a second violation, $500 for a third, and $1,000 for subsequent violations, with smaller businesses subject to reduced penalty frequency. The Environmental Protection Agency would administer the rule and could authorize states to enforce it as well.
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