Foam-Free Resources

Font Size: + -

Feedback Print

Beginning July 1, 2026, no food vendor of any type shall dispense prepared food to a customer in an expanded polystyrene (EPS) food service container. Food vendors must stop using EPS containers, also commonly referred to as foam containers, or seek a one-year exemption from their locality. Alternatives to EPS food services containers are widely available and include reusable, compostable, and recyclable options.By statute, the ban applies to food vendors, which include:

Any establishment that provides prepared food for public consumption on or off its premises and includes a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck or vehicle;
any other person who provides prepared food; and
any individual, organization, group, or state or local government entity that regularly provides food as a part of its services.

Under this definition, the following organizations, groups, and state or local government entities are considered food vendors if they regularly provide food as part of its services. This could include providing prepared food in cafeterias, in patient/resident rooms, or off-site food deliveries:

Hospitals, nursing homes, assisted living facilities and other resident/patient care and recovery facilities;
Childcare facilities and schools. For more information on schools, please see this memo from the Virginia Department of Education.
Detention or correctional facilities; and
Nonprofit organizations.

This list is not exhaustive and is provided in response to direct questions posed to DEQ

Frequently Asked Questions about the EPS Ban

Question: If I, as a food vendor, purchase food service containers through a distributor, am I or the distributor responsible for remaining compliant with the ban?

Response: The food vendor is responsible and shall not dispense prepared food to a customer in an expanded polystyrene food service container. If the ban imposes an undue economic hardship on the food vendor, they should request an exemption from their locality.

Question: What types of EPS food service containers are prohibited?

Response: Expanded polystyrene food service containers are rigid single-use containers made primarily of expanded polystyrene and are used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. They include plates, cups, bowls, trays, and hinged containers.

The ban does not apply to:

packaging for unprepared foods, such as raw or uncooked meat, fish, or eggs, or;
packaging used in the shipment of food, such as a cooler.

Question: What is considered prepared food?

Response: Prepared food means a food or beverage prepared for consumption on or off a food vendor's premises, using any cooking or food preparation technique.

Prepared food does not include raw or uncooked meat, fish, or eggs provided without further food preparation.

Question: Does this ban apply to EPS or insulated foam coolers?

Response: No, the ban does not apply to packaging used in the shipment of food such as coolers.

Question: What are alternatives to EPS containers?

Response: Many similarly-priced alternatives are available. You may consider factors such as cost, compostability, and recyclability, depending on facilities available in your locality. Options may include:

Reusable Containers
Paper Products (virgin or recycled paper, plant fibers such as bagasse, bamboo, or wheat straw)
Recyclable Plastic (polyethylene terephthalate, or PET)
Foil or Metal

An extensive Reference Guide of alternative materials to EPS was published by New York State's Department of Environmental Conservation.

Question: What do I do if I can’t comply?

Response: A food vendor may request an exemption from the ban through the locality in which it is located. The locality may grant an exemption if the food vendor, as the responsible party, demonstrates to the locality’s satisfaction that compliance with the ban would impose an undue economic hardship. Please refer to the list of EPS ban locality contacts or list of litter and recycling program managers. If your locality is not listed, you may use the list of Virginia locality governments to find your county administrator, city manager, or town manager.

Question: Who is my locality?

Response: Your locality is the County, City, or Town in which your food vendor is operating. Your locality does not include state level organizations such as the Virginia Department of Health (VDH) or the Virginia Department of Agriculture and Consumer Services (VDACS). Please refer to the list of EPS ban locality contacts or list of litter and recycling program managers. If your locality is not listed, you may use the list of Virginia locality governments to find your county administrator, city manager, or town manager.

Question: What is considered an undue economic hardship for the purposes of an exemption to the ban?

Response: Undue economic hardship means a situation in which (i) a food vendor has no reasonable alternative to the expanded polystyrene food service containers in use by that food vendor and (ii) compliance with the ban would cause significant economic hardship to that food vendor.

Question: How can I report a food vendor who is not complying with the ban?

Response: To file a complaint regarding a violation of the EPS ban, please contact the locality in which the food vendor is operating. Please refer to the list of EPS ban locality contacts or list of litter and recycling program managers. If your locality is not listed, you may use the list of Virginia locality governments to find your county administrator, city manager, or town manager.

What's wrong with EPS?

EPS takes at least 500 years to break down. Less than 1% of EPS is recycled, and it takes up valuable space in our landfills.
EPS frequently ends up as litter. It can blow out of your trashcan and end up in rivers and the ocean. Many animals mistake EPS for food, causing potentially fatal consequences.
EPS is primarily made from styrene, a possible carcinogen. Chronic exposure to high amounts of styrene for extended periods can cause injury to the nervous systems.

What can I use instead?

Many similarly-priced alternatives are available. You will want to consider factors such as cost, compostability, and recyclability, depending on facilities available in your locality. Options may include:

Reusable Containers
Paper Products (virgin or recycled paper, plant fibers such as bagasse, bamboo, or wheat straw)
Recyclable Plastic (polyethylene terephthalate, or PET)
Foil or Metal

An extensive Reference Guide of alternative materials to EPS was published by New York State's Department of Environmental Conservation.

Information for Localities

For localities looking to implement strategies to discourage the use of EPS and to promote alternatives, some strategies are listed below.

Print and distribute flyers, pamphlets, fact sheets, infographics, FAQ sheets, and other campaign materials
Provide example products to businesses that are made from alternatives to EPS
Meet with local business owners from industries that are more reliant on EPS products, such as food vendors and packaging companies
Confer with industry, civic, and environmental leaders and organizations on best strategies
Share ideas and materials with other localities and the DEQ
Take inspiration from EPS campaigns performed in other states or localities, such as Maryland, New York, or DC

How to File a Complaint