Sponsors (13)
The bill reduces EPS pollution and creates demand for alternatives while providing some enforcement predictability, but it shifts costs to small businesses and consumers and concentrates broad, potentially uncertain federal rulemaking and variable state enforcement.
Residents in urban and rural communities (and local waterways) will see less expanded‑polystyrene (EPS) litter and microplastic contamination, improving local water quality and reducing visible pollution.
Hospitals, health systems, and patients needing temperature‑sensitive medicines keep access to EPS coolers (medical exemptions), avoiding disruption to medical supply transport.
Businesses that supply compostable or recyclable alternatives could gain market opportunities, supporting new demand and potential jobs in sustainable packaging.
Small restaurants, food vendors, retailers and some manufacturers will face higher costs replacing EPS food service ware and packaging; limited availability of suitable alternatives in some areas may push up prices for consumers and harm specialty EPS suppliers and their workers.
Businesses that repeatedly violate the ban risk fines (escalating up to $1,000 per violation) and midsize firms just above revenue thresholds lose the 7‑day protection, increasing potential enforcement costs and cash‑flow risk.
Narrow exclusions for medical coolers and mixed‑use products could create regulatory complexity and recordkeeping burdens for manufacturers and health providers who must demonstrate intended use.
Based on analysis of 5 sections of legislative text.
Prohibits sale or distribution of most expanded polystyrene food service ware, loose-fill, and coolers from Jan 1, 2028, with notice and escalating fines for repeat violations and EPA rulemaking authority.
Introduced March 6, 2025 by Christopher Van Hollen · Last progress March 6, 2025
Bans the manufacture, sale, offer for sale, or distribution of most expanded polystyrene (EPS) food service ware, loose-fill packing material, and coolers beginning January 1, 2028. It defines covered products and actors (manufacturers, distributors, retailers, food service providers), preserves narrow exclusions (for example, some coolers intended for drugs, medical devices, or biological products), and gives the EPA broad rulemaking authority to implement the law. First violations trigger a written notice; repeat violations carry escalating civil penalties ($250, $500, $1,000). The bill limits how often penalties may be imposed on small entities and allows the EPA Administrator to let states carry out enforcement if they meet requirements set by the Administrator.