S. 897 — Farewell to Foam Act of 2025

This section defines terms for purposes of the Act, including (1) “Administrator” as the EPA Administrator; (2) “biological product,” “drug,” and “medical device” with the meanings given in the Public Health Service Act (42 U.S.C. 262(i)) and Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), respectively; (3) “covered polystyrene foam ware” as expanded polystyrene coolers, food service ware, and loose fill (with exclusions for coolers intended for drugs, medical devices, or biological products); (4) “food service provider” (e.g., restaurants, grocery stores, schools, hospitals); (5) “manufacturer,” “distributor,” and “retailer” of such ware; and (6) “prepared food” as food or beverages cooked, sliced, or otherwise prepared on premises for immediate consumption (i.e., ready-to-eat takeout).

This section establishes bans, effective January 1, 2028, on (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 coolers by manufacturers, distributors, or retailers.

This section establishes enforcement procedures for violations of section 3 by food service providers, manufacturers, distributors, or retailers. For a first violation, the Administrator provides written notification; for subsequent violations, the Administrator imposes civil penalties of $250 (second violation), $500 (third violation), and $1,000 (fourth and any subsequent violation). Penalties are limited to once per 7-day period for food service providers or retailers with annual revenue under $1 million and for manufacturers or distributors with annual revenue under $5 million. This section further authorizes the Administrator to permit qualified states to conduct enforcement.