H.R. 1918

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1918 Introduced in House (IH)]

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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. Barragan, 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. Garcia of Illinois, Mr. Garcia of California, 
Mr. Goldman of New York, Mr. Green of Texas, Mr. Grijalva, Mr. Hoyer, 
Mr. Huffman, Ms. Jacobs, Ms. Jayapal, Mr. Johnson of Georgia, Ms. 
Kamlager-Dove, Mr. Krishnamoorthi, Mr. Latimer, Mr. Levin, Mr. Lieu, 
Mr. Magaziner, 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. Sanchez, 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. Velazquez, 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.

Be it enacted by the Senate and House of Representatives 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 ``Administrator'' means the 
Administrator of the Environmental Protection Agency.
(2) Biological product.--The term ``biological product'' 
has the meaning given the term in section 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 polystyrene 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).
(6) Expanded polystyrene.--The term ``expanded 
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 (expandable 
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 polystyrene 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--
(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) consisting 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 polystyrene foam that is used as a packaging 
fill (commonly 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 consumption, 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 nursing 
home; and
(I) elementary or secondary school, college, and 
university.
(11) Manufacturer.--The term ``manufacturer'' means any 
person that manufactures or imports covered polystyrene foam 
ware that is sold, offered for sale, or distributed in the 
United States.
(12) Medical device.--The term ``medical device'' has the 
meaning given the term ``device'' in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(13) Prepared food.--
(A) In general.--The term ``prepared food'' means 
food or beverages that--
(i) are cooked, chopped, sliced, mixed, 
brewed, frozen, heated, squeezed, combined, or 
otherwise prepared on the premises of a food 
service provider for immediate 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 consumers 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 Expanded Polystyrene 
Coolers.--Beginning on January 1, 2028, no manufacturer, distributor, 
or retailer shall sell, offer for sale, or distribute expanded 
polystyrene loose fill or expanded polystyrene coolers.

SEC. 4. ENFORCEMENT.

(a) Written Notification for First Violation.--If a food service 
provider, manufacturer, distributor, or retailer violates section 3, 
the Administrator shall provide that food service provider, 
manufacturer, distributor, 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 impose 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
(C) in the case of the fourth, and any subsequent, 
violation, $1,000.
(3) Limitations.--
(A) Food service providers; retailers.--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.
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