Bill > S897

This bill aims to phase out expanded polystyrene (commonly known as Styrofoam) products by prohibiting the sale, distribution, and offering of expanded polystyrene food service ware, loose fill packaging (packing peanuts), and coolers starting January 1, 2028. The legislation comprehensively defines these items, including food containers like cups, plates, clamshells, and takeout containers, as well as portable coolers (with exceptions for medical and pharmaceutical containers). The bill establishes an enforcement mechanism through the Environmental Protection Agency (EPA), which will first issue a written notification for an initial violation, followed by escalating civil penalties for subsequent violations: $250 for a second violation, $500 for a third violation, and $1,000 for fourth and subsequent violations. To prevent undue hardship on smaller businesses, the bill limits penalties to once per 7-day period for food service providers and retailers with annual revenues under $1 million, and for manufacturers and distributors with annual revenues under $5 million. The EPA Administrator is also granted the authority to establish regulations for implementing the act and may allow states to participate in enforcement efforts, providing flexibility in how the ban is implemented across different jurisdictions.

Transportation and Infrastructure

https://www.congress.gov/bill/119th-congress/senate-bill/897/all-info