I 
119TH CONGRESS 
1ST SESSION H. R. 1918 
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 
MARCH 6, 2025 
Mr. DOGGETT (for himself, Ms. BALINT, Ms. BARRAGA´N, Mr. BEYER, Ms. 
BONAMICI, Ms. BROWNLEY, Mr. CARSON, Mr. CARTER of Louisiana, Mr. 
CASAR, Mr. CASTEN, Ms. CASTOR of Florida, Ms. CHU, Ms. CLARKE of 
New York, Mr. CLEAVER, Mr. COHEN, Mr. CONNOLLY, Mrs. MCCLAIN 
DELANEY, Ms. DEXTER, Ms. ELFRETH, Mr. ESPAILLAT, Mr. EVANS of 
Pennsylvania, Ms. FRIEDMAN, Mr. FROST, Mr. GARAMENDI, Mr. GARCI´A 
of Illinois, Mr. GARCIA of California, Mr. GOLDMAN of New York, Mr. 
GREEN of Texas, Mr. GRIJALVA, Mr. HOYER, Mr. HUFFMAN, Ms. JA-
COBS, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, 
Mr. KRISHNAMOORTHI, Mr. LATIMER, Mr. LEVIN, Mr. LIEU, Mr. MAG-
AZINER, Ms. MATSUI, Ms. MCCOLLUM, Mrs. CHERFILUS-MCCORMICK, 
Mr. MFUME, Mr. MIN, Mr. MULLIN, Mr. NADLER, Ms. NORTON, Ms. 
OCASIO-CORTEZ, Mr. OLSZEWSKI, Ms. PINGREE, Mr. POCAN, Ms. 
PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, Mr. RASKIN, Ms. SALINAS, Ms. 
SA´NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SMITH of Washington, 
Ms. STANSBURY, Mr. TAKANO, Mr. THOMPSON of California, Ms. TLAIB, 
Ms. TOKUDA, Mr. TORRES of New York, Mrs. TRAHAN, Mr. VARGAS, Ms. 
VELA´ZQUEZ, Ms. WATERS, Mrs. WATSON COLEMAN, Ms. WILSON of 
Florida, Mr. KHANNA, and Mr. MCGOVERN) 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Farewell to Foam Act 
of 2025’’. 
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. 
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(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). 
(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.— 
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(A) IN
GENERAL.—The term ‘‘expanded 
polystyrene food service ware’’ means a product 
made of expanded polystyrene that is— 
(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 
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the business of selling or distributing prepared food 
or beverages for on-premise or off-premise consump-
tion, including any— 
(A) food service establishment, caterer, 
temporary food service establishment, mobile 
food service establishment, and pushcart; 
(B) retail food store; 
(C) delicatessen; 
(D) grocery store; 
(E) restaurant; 
(F) cafeteria; 
(G) coffee shop; 
(H) hospital, adult care facility, and nurs-
ing home; and 
(I) elementary or secondary school, college, 
and university. 
(11) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person that manufactures or im-
ports covered polystyrene foam ware that is sold, of-
fered for sale, or distributed in the United States. 
(12) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given the term ‘‘device’’ in 
section 201 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321). 
(13) PREPARED FOOD.— 
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(A) IN
GENERAL.—The term ‘‘prepared 
food’’ means food or beverages that— 
(i) are cooked, chopped, sliced, mixed, 
brewed, frozen, heated, squeezed, com-
bined, or otherwise prepared on the prem-
ises of a food service provider for imme-
diate consumption; and 
(ii) require no further preparation to 
be consumed. 
(B) INCLUSION.—The term ‘‘prepared 
food’’ includes ready-to-eat takeout foods and 
beverages described in subparagraph (A). 
(14) RETAILER.—The term ‘‘retailer’’ means 
any person that sells, supplies, or offers to con-
sumers covered polystyrene foam ware. 
SEC. 3. BAN ON EXPANDED POLYSTYRENE FOOD SERVICE 
WARE, LOOSE FILL, AND COOLERS. 
(a) EXPANDED
POLYSTYRENE
FOOD
SERVICE 
WARE.—Beginning on January 1, 2028, no food service 
provider, manufacturer, distributor, or retailer shall sell, 
offer for sale, or distribute expanded polystyrene food 
service ware. 
(b) EXPANDED POLYSTYRENE LOOSE FILL AND EX-
PANDED POLYSTYRENE COOLERS.—Beginning on Janu-
ary 1, 2028, no manufacturer, distributor, or retailer shall 
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sell, offer for sale, or distribute expanded polystyrene loose 
fill or expanded polystyrene coolers. 
SEC. 4. ENFORCEMENT. 
(a) WRITTEN NOTIFICATION
FOR FIRST VIOLA-
TION.—If a food service provider, manufacturer, dis-
tributor, or retailer violates section 3, the Administrator 
shall provide that food service provider, manufacturer, dis-
tributor, or retailer with written notification regarding the 
violation. 
(b) SUBSEQUENT VIOLATIONS.— 
(1) IN GENERAL.—If a food service provider, 
manufacturer, distributor, or retailer, subsequent to 
receiving a written notification under subsection (a), 
violates section 3 again, the Administrator shall im-
pose a civil penalty on the food service provider, 
manufacturer, distributor, or retailer in accordance 
with this subsection. 
(2) AMOUNT OF PENALTY.—For each violation 
described in paragraph (1), the amount of the civil 
penalty under that paragraph shall be— 
(A) in the case of the second violation, 
$250; 
(B) in the case of the third violation, $500; 
and 
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(C) in the case of the fourth, and any sub-
sequent, violation, $1,000. 
(3) LIMITATIONS.— 
(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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