Farewell to Foam Act

Full Title:
Farewell to Foam Act of 2025

Summary#

This bill, called the Farewell to Foam Act of 2025, would ban the sale and distribution of many products made from expanded polystyrene (foam). The ban covers expanded polystyrene food service ware, expanded polystyrene loose fill (packing peanuts), and expanded polystyrene coolers. The ban would begin on January 1, 2028. The Environmental Protection Agency (the Administrator) is named in the bill to carry out the law and may write regulations to implement it. The bill excludes portable coolers intended for use with drugs, medical devices, or biological products.

What it means for you#

  • Manufacturers, importers, distributors, retailers, and food service providers (such as restaurants, cafeterias, caterers, grocery stores, and schools) could not sell or distribute the banned expanded polystyrene items after January 1, 2028.
  • The first time an entity violates the ban, the EPA will send a written notification.
  • If the entity violates the ban again after that notice, the EPA may impose civil penalties.
  • The EPA may allow a State to carry out enforcement if the EPA approves the State’s program.

Expenses#

  • The bill sets civil penalty amounts for repeated violations: $250 for a second violation, $500 for a third violation, and $1,000 for a fourth and any later violation.
  • The bill limits how often penalties may be imposed for smaller entities: retailers or food service providers with annual revenue under $1,000,000, and manufacturers or distributors with annual revenue under $5,000,000, cannot be fined more than once in any 7-day period.
  • No publicly available information on broader costs or federal budget impacts is included in the bill text.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.