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. KAMLAGER- 
DOVE, 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. SALI-
NAS, Mrs. TRAHAN, Ms. LOFGREN, Mr. CONNOLLY, Mr. ROBERT GARCIA 
of California, Ms. PORTER, Mr. SCHIFF, Mr. LIEU, Ms. WILSON of Flor-
ida, 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 Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Farewell to Foam Act 
of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BIOLOGICAL PRODUCT.—The term ‘‘biologi-
cal product’’ has the meaning given the term in sec-
tion 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 poly-
styrene 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). 
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(6) EXPANDED POLYSTYRENE.—The term ‘‘ex-
panded 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 (ex-
pandable 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 poly-
styrene 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— 
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(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) con-
sisting 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 pol-
ystyrene foam that is used as a packaging fill (com-
monly 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 consump-
tion, including any— 
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(A) FOOD
SERVICE
PROVIDERS; RETAIL-
ERS.—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. 
SEC. 5. REGULATIONS. 
The Administrator may promulgate such regulations 
as the Administrator determines necessary to carry out 
this Act. 
Æ 
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