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Bill > SB779


WI SB779

WI SB779
Prohibiting food and beverages from being served in foam polystyrene packaging and providing a penalty. (FE)


summary

Introduced
12/12/2025
In Committee
12/12/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill prohibits an operator of a retail food business from serving food and beverages in foam polystyrene packaging. The prohibition under the bill does not apply to either of the following: 1) containers enclosing food or beverage that have been filled and sealed outside the state; or 2) containers used for packaging raw meat, poultry, fish, or seafood to be consumed off the premises where sold. Under the bill, the Department of Agriculture, Trade and Consumer Protection may grant a waiver from the prohibition lasting up to one year after the bill takes effect to a retail food business operator. DATCP may grant a waiver under the bill if doing so is necessary to avoid an undue hardship or practical difficulty for a retail food business operator that is not common among similarly situated retail food business operators. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. LRB-5764/1 MDE:cdc 2025 - 2026 Legislature SENATE BILL 779

AI Summary

This bill prohibits retail food business operators from serving food and beverages in foam polystyrene packaging (a lightweight, disposable material commonly used in takeout containers and packaging), with two specific exceptions: containers that were sealed outside the state before receipt, and containers used for raw meat, poultry, fish, or seafood to be consumed off-premises. The Department of Agriculture, Trade and Consumer Protection (DATCP) may grant a one-year waiver to a business if strict adherence would cause undue hardship or practical difficulty that is not common among similar businesses. Businesses that violate the prohibition more than 90 days after receiving written notice will face escalating financial penalties, starting with a $250 forfeit for the first violation and increasing to $500 for subsequent violations after 180 days. The law will take effect on the first day of the 13th month following its publication, giving businesses time to adjust to the new requirements and transition away from foam polystyrene packaging.

Committee Categories

Government Affairs

Sponsors (27)

Last Action

Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs (on 12/12/2025)

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