December 14, 2012 - U.S. Senator Chris Van Hollen (D-MD) and U.S. Representative Lloyd Doggett (D-TX) have introduced legislation that seeks to ban the use of expanded polystyrene (EPS) in food service products, coolers, loose fill, and other purposes. Known as the "Farewell to Foam Act," the legislation would prohibit the sale or distribution of EPS foam in certain products on January 1, 2026, nationwide.
Advocates of banning single-use EPS point out that plastic foam is a source of microplastics in the environment because it doesn't break down completely. While EPS is recyclable, it is often not accepted by curbside programs because they don't have the ability to recycle them.
In terms of enforcement, the first violation will result in a written notice. Subsequent violations will incur a fine of $250 for the second, $500 for the third, and $1,000 for the fourth and each subsequent violation.
Beginning with Maryland in 2019, states and municipalities have enacted EPS bans on food and other packaging. Maine, Vermont, New York, Colorado, Oregon, and California, among other states, have EPS bans in effect in one form or another.
Despite these bans, demand for foamed polystyrene is projected to grow 3.3 percent annually through 2026, according to a report by the Freedonia Group. One of the main applications driving the growth is home insulation - a material that now accounts for almost half of all insulation projects.
Senators Richard Blumenthal of Connecticut, Angus King of Maine, Ed Markey and Elizabeth Warren of Massachusetts, Jeff Merkley and Ron Wyden of Oregon, and Bernie Sanders and Peter Welch of Vermont have signed on as co-s
