H.R. 1918 — Farewell to Foam Act of 2025

This section defines terms used in the Act, including "Administrator" (Administrator of the Environmental Protection Agency); "biological product," "drug," and "medical device" (as defined in specified provisions of the Public Health Service Act and Federal Food, Drug, and Cosmetic Act); "covered polystyrene foam ware" (expanded polystyrene coolers [excluding those intended for drugs, medical devices, or biological products], food service ware, and loose fill); "distributor"; "expanded polystyrene"; "food service provider" (e.g., restaurants, grocery stores, schools, hospitals); "manufacturer"; "prepared food"; and "retailer."

This section prohibits, beginning January 1, 2028, (1) the sale, offer for sale, or distribution of expanded polystyrene food service ware by food service providers, manufacturers, distributors, or retailers; and (2) the sale, offer for sale, or distribution of expanded polystyrene loose fill or expanded polystyrene coolers by manufacturers, distributors, or retailers.

This section establishes enforcement procedures for violations of section 3 by food service providers, manufacturers, distributors, or retailers. It requires (1) written notification for a first violation; (2) civil penalties for subsequent violations, at $250 for the second violation, $500 for the third violation, and $1,000 for the fourth and any subsequent violation; and (3) a limitation of one penalty per 7-day period for food service providers and retailers with annual revenue under $1 million or manufacturers and distributors with annual revenue under $5 million. The section further authorizes the Administrator to permit a state to enforce these provisions if the state meets requirements established by the Administrator.