S. 897

119 S897 IS: Farewell to Foam Act of 2025
 U.S. Senate
 2025-03-06
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 897  IN THE SENATE OF THE UNITED STATES   March 6, 2025   Mr. Van Hollen  (for himself,  Mr. Blumenthal ,  Mr. Booker ,  Mr. Durbin ,  Mr. King ,  Mr. Markey ,  Mr. Merkley ,  Mr. Padilla ,  Mr. Sanders ,  Ms. Warren ,  Mr. Welch , and  Mr. Wyden ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To prohibit the sale and distribution of expanded polystyrene food service ware, expanded polystyrene loose fill, and expanded polystyrene coolers, and for other purposes.
1.
Short title
This Act may be cited as the   Farewell to Foam Act of 2025  .
2.
Definitions
In this Act:
(1)
Administrator
The term  Administrator  means the Administrator of the Environmental Protection Agency.
(2)
Biological product
The term  biological product  has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ).
(3)
Covered polystyrene foam ware
The term  covered polystyrene foam ware  means—
(A)
an expanded polystyrene cooler;
(B)
an expanded polystyrene food service ware; and
(C)
expanded polystyrene loose fill.
(4)
Distributor
The term  distributor  means any person that distributes covered polystyrene foam ware that is sold or offered for sale in the United States.
(5)
Drug
The term  drug  has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).
(6)
Expanded polystyrene
The term  expanded polystyrene  means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or combination of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
(7)
Expanded polystyrene cooler
(A)
In general
The term  expanded polystyrene cooler  means a portable container made entirely or partially of expanded polystyrene that is designed or intended to be used for cold storage.
(B)
Exclusion
The term  expanded polystyrene cooler  excludes portable containers intended to be used for drugs, medical devices, or biological products.
(8)
Expanded polystyrene food service ware
(A)
In general
The term  expanded polystyrene food service ware  means a product made of expanded polystyrene that is—
(i)
used for selling or providing food or beverages; and
(ii)
(I)
intended by the manufacturer to be used once for eating or drinking; or
(II)
generally recognized by the public as an item to be discarded after 1 use.
(B)
Inclusions
The term  expanded polystyrene food service ware  includes any product described in subparagraph (A) consisting of a bowl, plate, hot or cold beverage cup, lid, clamshell, tray, carton for eggs or other food, or any other item used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors.
(9)
Expanded polystyrene loose fill
The term  expanded polystyrene loose fill  means a void-filling packaging product made of expanded polystyrene foam that is used as a packaging fill (commonly referred to as  packing peanuts ).
(10)
Food service provider
The term  food service provider  means a person engaged in the business of selling or distributing prepared food or beverages for on-premise or off-premise consumption, including any—
(A)
food service establishment, caterer, temporary food service establishment, mobile food service establishment, and pushcart;
(B)
retail food store;
(C)
delicatessen;
(D)
grocery store;
(E)
restaurant;
(F)
cafeteria;
(G)
coffee shop;
(H)
hospital, adult care facility, and nursing home; and
(I)
elementary or secondary school, college, and university.
(11)
Manufacturer
The term  manufacturer  means any person that manufactures or imports covered polystyrene foam ware that is sold, offered for sale, or distributed in the United States.
(12)
Medical device
The term  medical device  has the meaning given the term  device  in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).
(13)
Prepared food
(A)
In general
The term  prepared food  means food or beverages that—
(i)
are cooked, chopped, sliced, mixed, brewed, frozen, heated, squeezed, combined, or otherwise prepared on the premises of a food service provider for immediate consumption; and
(ii)
require no further preparation to be consumed.
(B)
Inclusion
The term  prepared food  includes ready-to-eat takeout foods and beverages described in subparagraph (A).
(14)
Retailer
The term  retailer  means any person that sells, supplies, or offers to consumers covered polystyrene foam ware.
3.
Ban on expanded polystyrene food service ware, loose fill, and coolers
(a)
Expanded polystyrene food service ware
Beginning on January 1, 2028, no food service provider, manufacturer, distributor, or retailer shall sell, offer for sale, or distribute expanded polystyrene food service ware.
(b)
Expanded polystyrene loose fill and expanded polystyrene coolers
Beginning on January 1, 2028, no manufacturer, distributor, or retailer shall sell, offer for sale, or distribute expanded polystyrene loose fill or expanded polystyrene coolers.
4.
Enforcement
(a)
Written notification for first violation
If a food service provider, manufacturer, distributor, or retailer violates section 3, the Administrator shall provide that food service provider, manufacturer, distributor, or retailer with written notification regarding the violation.
(b)
Subsequent violations
(1)
In general
If a food service provider, manufacturer, distributor, or retailer, subsequent to receiving a written notification under subsection (a), violates section 3 again, the Administrator shall impose a civil penalty on the food service provider, manufacturer, distributor, or retailer in accordance with this subsection.
(2)
Amount of penalty
For each violation described in paragraph (1), the amount of the civil penalty under that paragraph shall be—
(A)
in the case of the second violation, $250;
(B)
in the case of the third violation, $500; and
(C)
in the case of the fourth, and any subsequent, violation, $1,000.
(3)
Limitations
(A)
Food service providers; retailers
In the case of a food service provider or retailer the annual revenue of which is less than $1,000,000, a penalty shall not be imposed under this subsection more than once during any 7-day period.
(B)
Manufacturer; distributors
In the case of a manufacturer or distributor the annual revenue of which is less than $5,000,000, a penalty shall not be imposed under this subsection more than once during any 7-day period.
(c)
State enforcement
The Administrator may permit a State to carry out enforcement under this section if the Administrator determines that the State meets such requirements as the Administrator may establish.
5.
Regulations
The Administrator may promulgate such regulations as the Administrator determines necessary to carry out this Act.