Farewell to Foam Act of 2025
- Bill Number
- S. 897
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-03-06: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2025-12-05T22:04:11Z
AI-Generated Summary
Purpose
The "Farewell to Foam Act of 2025" aims to reduce environmental pollution by prohibiting the sale and distribution of specific expanded polystyrene (EPS) foam products, which are lightweight plastics that do not break down easily and contribute to waste in landfills, waterways, and ecosystems. EPS is a type of foam made from styrene, a petrochemical material.
Key Provisions
- Definitions: The bill defines key terms, including:
- Covered polystyrene foam ware: EPS coolers (portable cold-storage containers, excluding those for medical uses), EPS food service ware (single-use items like plates, cups, and trays for food or drinks), and EPS loose fill (packaging material like "packing peanuts").
- Stakeholders such as manufacturers (those making or importing these products), distributors (those supplying them), retailers (those selling to consumers), and food service providers (businesses like restaurants, grocery stores, schools, and hospitals selling prepared food or drinks).
- Exclusions for medical items like drugs, medical devices, or biological products (e.g., vaccines).
- Prohibitions (Effective January 1, 2028):
- No food service provider, manufacturer, distributor, or retailer may sell, offer for sale, or distribute EPS food service ware.
- No manufacturer, distributor, or retailer may sell, offer for sale, or distribute EPS loose fill or EPS coolers.
- Enforcement:
- First violation: The Environmental Protection Agency (EPA) Administrator issues a written warning.
- Subsequent violations: Civil penalties start at $250 for the second offense, $500 for the third, and $1,000 for the fourth or later. Penalties are limited to once per 7-day period for small businesses (under $1 million annual revenue for food providers/retailers; under $5 million for manufacturers/distributors).
- States can enforce the law if they meet EPA requirements.
- Regulations: The EPA Administrator can issue rules needed to implement the Act.
Significant Changes to Existing Law
This bill introduces a nationwide federal ban on these EPS products, which previously had no uniform prohibition at the federal level. Regulation of single-use plastics like EPS has mostly occurred through state or local laws (e.g., bans in some cities), creating inconsistencies. This creates a consistent national standard, overriding or supplementing fragmented local rules, and empowers the EPA to enforce it directly.
Potential Impacts
- On Government Agencies: The EPA gains new enforcement responsibilities, including issuing warnings, penalties, and regulations; this may increase administrative workload and budget needs. States could share enforcement to ease federal burden.
- On Citizens: Reduces availability of cheap, disposable foam items, potentially leading to more use of alternatives like paper or compostable materials, which could lower plastic waste but raise short-term costs for consumers and businesses. Benefits environment by cutting pollution from non-biodegradable foam.
- On International Relations: May affect U.S. imports/exports of EPS products; manufacturers abroad could face barriers selling to the U.S., while it aligns with global efforts (e.g., UN plastic pollution treaties) to phase out harmful plastics.
Main Stakeholders Affected
- Businesses: Manufacturers, distributors, retailers, and food service providers (e.g., restaurants, grocery stores, schools) must stop using or selling these products and switch to alternatives, potentially increasing costs but reducing waste disposal expenses.
- Consumers: Everyday people buying takeout food, beverages, or shipping supplies; they may see higher prices for substitutes but benefit from cleaner environments.
- Environmental Groups: Likely supportive, as it targets persistent pollutants.
- Small Businesses: Protected by penalty limits to avoid undue hardship during transition.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the EPA's authority under environmental statutes; enforcement through civil penalties (fines) rather than criminal charges keeps it administrative. Clear definitions reduce ambiguity in court challenges.
- Constitutional: Draws on Congress's power under the Commerce Clause to regulate interstate trade in goods like packaging and food service items, as these products cross state lines.
- Political: Introduced by a bipartisan group but primarily Democratic senators focused on environmental issues; could spark debate over federal overreach into local business practices or economic impacts on the plastics industry, potentially leading to amendments or opposition in a divided Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Durbin, Richard J. [D-IL], Sen. King, Angus S., Jr. [I-ME], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Padilla, Alex [D-CA], Sen. Sanders, Bernard [I-VT], Sen. Warren, Elizabeth [D-MA], Sen. Welch, Peter [D-VT], Sen. Wyden, Ron [D-OR], Sen. Schiff, Adam B. [D-CA]
Recent Actions
- 2025-03-06: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-03-06: Introduced in Senate
Bill Versions
- Farewell to Foam Act of 2025 — issued 2025-03-06 — PDF (8 pages)