California EPS ban will be enforced

The California Department of Resources Recycling and Recovery (CalRecycle) issued an update on the state’s expanded polystyrene (EPS) food service ware ban April 4, saying the ban will be enforced going forward.

The EPS ban is a component of the state’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54) that was passed in 2022. To continue selling EPS products in the state, the legislation required food service ware producers to demonstrate that all EPS covered material met a 25 percent recycling rate by the end of 2024. In its update, CalRecycle says this requirement has not been met.

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“As a result, EPS producers are prohibited from selling, offering for sale, distributing or importing EPS food service ware, like single-use takeout containers and cups, in or into California,” CalRecycle writes.

According to the California Public Interest Research Group (CALPIRG), Gov. Gavin Newsom and CalRecycle had not released any statement or guidance about the new ban, or started enforcing it, since it took effect Jan. 1. As a result, the organization says foam cups, plates and containers have still been used by restaurants and for sale in stores across the state.

The organization says more than 130 cities in California, as well as 10 other states, have ordinances restricting foam food ware, adding that the material is “incredibly hard to recycle,” and only about 1 percent of it is recycled nationally, according to data compiled by the U.S. Environmental Protection Agency (EPA).

In response to CalRecycle’s update, CALPIRG State Director Jenn Engstrom issued a statement, saying, “Polystyrene foam cups, plates and takeout containers are overflowing our landfills, polluting our beaches and ocean and contain chemicals that can make us sick. Nothing we use for a few minutes should harm our environment and threaten our health for hundreds of years. That’s why California banned foam food ware statewide. It’s great to see CalRecycle taking action to better enforce this crucial law.”

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