I 

118TH CONGRESS 

1ST SESSION H. R. 6654 

To prohibit the sale and distribution of expanded polystyrene food service 

ware, expanded polystyrene loose fill, and expanded polystyrene coolers, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2023 

Mr. DOGGETT (for himself, Ms. BARRAGA ́N, Mr. BLUMENAUER, Mr. CLEAVER, 

Mr. MCGOVERN, Mr. NADLER, Ms. NORTON, Mr. PAYNE, Ms. JAYAPAL, 

Mr. MULLIN, Mr. RASKIN, Ms. CASTOR of Florida, Ms. KAMLAGERDOVE, Mr. COHEN, Mr. DESAULNIER, Mr. GRIJALVA, Mr. HUFFMAN, 

Mr. VARGAS, Ms. PINGREE, Mr. TAKANO, Ms. VELA ́ZQUEZ, Mr. KHANNA, 

Ms. TOKUDA, Mrs. NAPOLITANO, Ms. CLARKE of New York, Ms. SALINAS, Mrs. TRAHAN, Ms. LOFGREN, Mr. CONNOLLY, Mr. ROBERT GARCIA

of California, Ms. PORTER, Mr. SCHIFF, Mr. LIEU, Ms. WILSON of Florida, Ms. BONAMICI, Mr. CASAR, Mr. KEATING, Mr. GOLDMAN of New 

York, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. MFUME, Ms. 

SA ́NCHEZ, Mrs. WATSON COLEMAN, Ms. BROWNLEY, Mr. QUIGLEY, Mr. 

THOMPSON of California, Ms. PRESSLEY, Mr. GARAMENDI, Mr. JOHNSON

of Georgia, Mr. POCAN, Mr. CARTER of Louisiana, Ms. MCCOLLUM, Mr. 

ESPAILLAT, Mr. LEVIN, Ms. OCASIO-CORTEZ, Mr. CASTEN, Mr. IVEY, 

Mr. SARBANES, Mr. TRONE, Ms. JACOBS, Mr. BOWMAN, and Mr. GREEN

of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Farewell to Foam Act 

3 of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) BIOLOGICAL PRODUCT.—The term ‘‘biologi10 cal product’’ has the meaning given the term in sec11 tion 351(i) of the Public Health Service Act (42 

12 U.S.C. 262(i)). 

13 (3) COVERED POLYSTYRENE FOAM WARE.—The 

14 term ‘‘covered polystyrene foam ware’’ means— 

15 (A) an expanded polystyrene cooler; 

16 (B) an expanded polystyrene food service 

17 ware; and 

18 (C) expanded polystyrene loose fill. 

19 (4) DISTRIBUTOR.—The term ‘‘distributor’’ 

20 means any person that distributes covered poly21 styrene foam ware that is sold or offered for sale in 

22 the United States. 

23 (5) DRUG.—The term ‘‘drug’’ has the meaning 

24 given the term in section 201 of the Federal Food, 

25 Drug, and Cosmetic Act (21 U.S.C. 321). 

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1 (6) EXPANDED POLYSTYRENE.—The term ‘‘ex2 panded polystyrene’’ means blown polystyrene and 

3 expanded or extruded foams that are thermoplastic 

4 petrochemical materials utilizing a styrene monomer 

5 and processed by any technique or combination of 

6 techniques, including fusion of polymer spheres (ex7 pandable bead polystyrene), injection molding, foam 

8 molding, and extrusion-blow molding (extruded foam 

9 polystyrene). 

10 (7) EXPANDED POLYSTYRENE COOLER.— 

11 (A) IN GENERAL.—The term ‘‘expanded 

12 polystyrene cooler’’ means a portable container 

13 made entirely or partially of expanded poly14 styrene that is designed or intended to be used 

15 for cold storage. 

16 (B) EXCLUSION.—The term ‘‘expanded 

17 polystyrene cooler’’ excludes portable containers 

18 intended to be used for drugs, medical devices, 

19 or biological products. 

20 (8) EXPANDED POLYSTYRENE FOOD SERVICE

21 WARE.— 

22 (A) IN GENERAL.—The term ‘‘expanded 

23 polystyrene food service ware’’ means a product 

24 made of expanded polystyrene that is— 

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1 (i) used for selling or providing food 

2 or beverages; and 

3 (ii)(I) intended by the manufacturer 

4 to be used once for eating or drinking; or 

5 (II) generally recognized by the public 

6 as an item to be discarded after 1 use. 

7 (B) INCLUSIONS.—The term ‘‘expanded 

8 polystyrene food service ware’’ includes any 

9 product described in subparagraph (A) con10 sisting of a bowl, plate, hot or cold beverage 

11 cup, lid, clamshell, tray, carton for eggs or 

12 other food, or any other item used for serving 

13 or containing prepared food, including takeout 

14 food and leftovers from partially consumed 

15 meals prepared by food vendors. 

16 (9) EXPANDED POLYSTYRENE LOOSE FILL.— 

17 The term ‘‘expanded polystyrene loose fill’’ means a 

18 void-filling packaging product made of expanded pol19 ystyrene foam that is used as a packaging fill (com20 monly referred to as ‘‘packing peanuts’’). 

21 (10) FOOD SERVICE PROVIDER.—The term 

22 ‘‘food service provider’’ means a person engaged in 

23 the business of selling or distributing prepared food 

24 or beverages for on-premise or off-premise consump25 tion, including any— 

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1 (A) food service establishment, caterer, 

2 temporary food service establishment, mobile 

3 food service establishment, and pushcart; 

4 (B) retail food store; 

5 (C) delicatessen; 

6 (D) grocery store; 

7 (E) restaurant; 

8 (F) cafeteria; 

9 (G) coffee shop; 

10 (H) hospital, adult care facility, and nurs11 ing home; and 

12 (I) elementary or secondary school, college, 

13 and university. 

14 (11) MANUFACTURER.—The term ‘‘manufac15 turer’’ means any person that manufactures or im16 ports covered polystyrene foam ware that is sold, of17 fered for sale, or distributed in the United States. 

18 (12) MEDICAL DEVICE.—The term ‘‘medical de19 vice’’ has the meaning given the term ‘‘device’’ in 

20 section 201 of the Federal Food, Drug, and Cos21 metic Act (21 U.S.C. 321). 

22 (13) PREPARED FOOD.— 

23 (A) IN GENERAL.—The term ‘‘prepared 

24 food’’ means food or beverages that— 

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1 (i) are cooked, chopped, sliced, mixed, 

2 brewed, frozen, heated, squeezed, com3 bined, or otherwise prepared on the prem4 ises of a food service provider for imme5 diate consumption; and 

6 (ii) require no further preparation to 

7 be consumed. 

8 (B) INCLUSION.—The term ‘‘prepared 

9 food’’ includes ready-to-eat takeout foods and 

10 beverages described in subparagraph (A). 

11 (14) RETAILER.—The term ‘‘retailer’’ means 

12 any person that sells, supplies, or offers to con13 sumers covered polystyrene foam ware. 

14 SEC. 3. BAN ON EXPANDED POLYSTYRENE FOOD SERVICE 

15 WARE, LOOSE FILL, AND COOLERS. 

16 (a) EXPANDED POLYSTYRENE FOOD SERVICE

17 WARE.—Beginning on January 1, 2026, no food service 

18 provider, manufacturer, distributor, or retailer shall sell, 

19 offer for sale, or distribute expanded polystyrene food 

20 service ware. 

21 (b) EXPANDED POLYSTYRENE LOOSE FILL AND EX22 PANDED POLYSTYRENE COOLERS.—Beginning on Janu23 ary 1, 2026, no manufacturer, distributor, or retailer shall 

24 sell, offer for sale, or distribute expanded polystyrene loose 

25 fill or expanded polystyrene coolers. 

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1 SEC. 4. ENFORCEMENT. 

2 (a) WRITTEN NOTIFICATION FOR FIRST VIOLA3 TION.—If a food service provider, manufacturer, dis4 tributor, or retailer violates section 3, the Administrator 

5 shall provide that food service provider, manufacturer, dis6 tributor, or retailer with written notification regarding the 

7 violation. 

8 (b) SUBSEQUENT VIOLATIONS.— 

9 (1) IN GENERAL.—If a food service provider, 

10 manufacturer, distributor, or retailer, subsequent to 

11 receiving a written notification under subsection (a), 

12 violates section 3 again, the Administrator shall im13 pose a civil penalty on the food service provider, 

14 manufacturer, distributor, or retailer in accordance 

15 with this subsection. 

16 (2) AMOUNT OF PENALTY.—For each violation 

17 described in paragraph (1), the amount of the civil 

18 penalty under that paragraph shall be— 

19 (A) in the case of the second violation, 

20 $250; 

21 (B) in the case of the third violation, $500; 

22 and 

23 (C) in the case of the fourth, and any sub24 sequent, violation, $1,000. 

25 (3) LIMITATIONS.— 

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1 (A) FOOD SERVICE PROVIDERS; RETAIL2 ERS.—In the case of a food service provider or 

3 retailer the annual revenue of which is less than 

4 $1,000,000, a penalty shall not be imposed 

5 under this subsection more than once during 

6 any 7-day period. 

7 (B) MANUFACTURER; DISTRIBUTORS.—In 

8 the case of a manufacturer or distributor the 

9 annual revenue of which is less than 

10 $5,000,000, a penalty shall not be imposed 

11 under this subsection more than once during 

12 any 7-day period. 

13 (c) STATE ENFORCEMENT.—The Administrator may 

14 permit a State to carry out enforcement under this section 

15 if the Administrator determines that the State meets such 

16 requirements as the Administrator may establish. 

17 SEC. 5. REGULATIONS. 

18 The Administrator may promulgate such regulations 

19 as the Administrator determines necessary to carry out 

20 this Act. 

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