Farewell to Foam Act reintroduced to Congress

Sen. Chris Van Hollen of Maryland along with Rep. Lloyd Doggett of Texas have reintroduced the Farewell to Foam Act, a bill that seeks to phase out single-use plastic foam food service products, “loose fill” items such as packing peanuts and nonmedical disposable coolers. Van Hollen first introduced the bill in December 2023.

If enacted, the legislation would prohibit the sale and distribution of items made of plastic foam, or expanded polystyrene (EPS), starting in January 2028 while supporting the transition to alternatives.

RELATED: GESA report claims 72 countries recycled EPS in 2023 | Washington bans expanded polystyrene containers

“Plastic foam materials from food containers to packing peanuts are usually used once and thrown away, but that’s just the beginning of their journey,” Van Hollen says in a news release announcing the renewed effort. “Too often, these toxic materials end up choking our waterways, contaminating our food supply and building up in our bodies. Phasing out foam and encouraging the use of smarter packaging will help protect the health of our communities and our environment as well as the economic wellbeing of all those whose livelihoods depend on our waterways.”

In the news release, EPS is described as “one of the most harmful” forms of single-use plastic, containing additives such as flame retardants and colorants with known ties to negative health impacts in humans. Additionally, the release claims EPS is difficult to recycle and is prone to break up into tiny pieces, or microplastics, that can wash away into the environment. It estimates Americans use at least 5.6 billion pieces of plastic foam products each year.

In 2019, Maryland became the first state in the U.S. to pass a law ending the use of plastic foam food service products. Van Hollen points to an Ocean Conservancy study on the impact of the Maryland law that found a 65 percent decrease in plastic foam food ware pollution on beaches and waterways in the state from 2020 to 2022. Since then, 10 additional states, the District of Columbia, American Samoa and more than 250 cities and counties have passed similar legislation.

Van Hollen says the Farewell to Foam Act would aim to build on this progress and reduce plastic foam pollution nationwide by requiring food service providers, manufacturers, distributors and retailers to transition their stock of EPS products to alternative materials by Jan. 1, 2028.

The bill also would authorize the U.S. Environmental Protection Agency (EPA) to impose escalating penalties on establishments that violate the EPS prohibition during one calendar year. Upon initial violation, the EPA is authorized to provide a written warning, then impose a $250 fine for the second violation. A third violation costs $500, then $1,000 for the fourth and subsequent violations.

Service providers and retailers with annual revenue less than $1 million and manufacturers and distributors with annual revenue less than $5 million would not be penalized more than once during any seven-day period. The legislation also would provide exemptions for EPS material used for medical purposes.

The bill has received widespread support from environmental groups.

“Plastic foam isn’t just polluting our beaches, it’s making its way into marine wildlife like sea turtles and even our own bodies,” says Christy Leavitt, U.S. plastics campaign director at Oceana. “This problematic plastic harms public health during its production and use while fueling the climate crisis and polluting the air and waterways. Oceana applauds Senator Van Hollen and Representative Doggett for leading the way to phase out single-use plastic foam, an unnecessary, virtually unrecyclable product that hurts our oceans and health. Now, it is time for Congress to wave ‘farewell to foam’ across the country.”

RELATED: Trade group says EPS being recycled commercially

In February, Washington-based Oceana released the results of a national online poll claiming that a majority of U.S. voters support policies that reduce single-use plastics. Overall, 81 percent of respondents said they support reducing the amount of plastic that is produced.

“Plastic foam has a devastating impact on our ocean, [and] plastic foam food ware items are among the most common single-use plastics found on beaches and waterways, where they easily break down into tiny pieces and can be ingested by marine life,” says Anja Brandon, director of plastics policy at the Washington-based Ocean Conservancy. “In recent years, we’ve seen a wave of state and local municipalities take action and phase out plastic foam food ware, but piecemeal efforts are not enough to address the flood of single-use plastics polluting our environment. Enough is enough, and we’re thrilled to see Congress say farewell to foam.”