US Federal 2025-2026 Regular Session

US Federal Senate Bill SB897

Introduced
 
Introduced
3/6/25  

Caption

Farewell to Foam Act of 2025

Summary

The Farewell to Foam Act of 2025 would prohibit the sale, offer for sale, or distribution of certain expanded polystyrene products beginning January 1, 2028. The ban covers expanded polystyrene food service ware, loose fill packaging material, and coolers, with detailed definitions specifying the types of containers, cups, clamshells, packing peanuts, and other single-use food-service items included. The bill also defines key regulated parties, including food service providers, manufacturers, distributors, and retailers, and it excludes coolers intended for drugs, medical devices, or biological products. The bill establishes an enforcement framework centered on the Environmental Protection Agency Administrator. A first violation would trigger written notice, while repeat violations would be subject to civil penalties that escalate from $250 for a second violation to $1,000 for fourth and subsequent violations. The bill also limits how often penalties may be imposed on smaller businesses within a 7-day period and allows the EPA to authorize state enforcement if states meet requirements set by the Administrator. The EPA is also given authority to issue implementing regulations. Overall, the bill would create a federal restriction on a category of plastic foam products that are commonly used in food service and packaging. It would affect restaurants, grocery stores, caterers, schools, hospitals, retailers, manufacturers, and distributors that currently sell or use expanded polystyrene products. Because the bill is structured as a nationwide ban with federal enforcement, it would likely preempt or supplement existing state and local restrictions in this area, depending on how those laws interact with federal implementation. The available context shows no committee debate, votes, or recorded amendments, so there is no documented public sentiment from proceedings in the provided materials. Based on the bill’s sponsors and subject matter, it appears to be an environmental and waste-reduction measure, but the record here does not show whether it has broad support or organized opposition. The absence of transcripts also means there is no direct evidence of contention in the provided context. Potential points of contention, if raised, would likely involve the economic impact on food service businesses, packaging suppliers, and small retailers, as well as questions about compliance costs, product substitution, and the scope of the federal ban. The bill’s exemptions for medical-related coolers and its graduated penalty structure suggest an attempt to balance environmental goals with practical and business concerns, but no specific objections are documented in the materials provided.

Impact

The bill would add a new federal prohibition on the sale and distribution of expanded polystyrene food service ware, loose fill packaging, and coolers starting in 2028, enforced by the EPA. It would directly affect manufacturers, distributors, retailers, and food service providers, and it would authorize civil penalties and state enforcement under EPA-approved conditions. The measure would create a new federal regulatory regime for these products and could interact with existing state and local foam-ban laws.

Sentiment

The provided record contains no committee transcript, recorded vote, or amendment history, so there is no documented legislative sentiment to summarize from debate or roll call. The bill’s introduction by multiple Democratic senators suggests sponsorship support, and its policy direction is consistent with environmental waste-reduction efforts, but the materials do not show whether the measure has bipartisan backing or organized opposition.

Contention

No specific points of contention are documented in the supplied context because there are no hearing transcripts or votes. Based on the bill text alone, likely areas of dispute would include the burden on restaurants, retailers, and packaging businesses; the cost and availability of alternatives to polystyrene; and whether a federal ban should apply broadly to food service and packaging products. The bill’s exemptions for medical uses and its tiered penalty structure indicate some sensitivity to operational concerns, but no named opponents or supporters are identified in the record.

Companion Bills

US HB1918

Same As Farewell to Foam Act of 2025

Previously Filed As

US HB1918

Farewell to Foam Act of 2025

US SB130

An Act To Amend Title 7 Of The Delaware Code Relating To Expanded Polystyrene Foam Products.

US S629

To reduce polystyrene in the environment

US H912

To reduce polystyrene in the environment

US H2521

To prohibit the use of polystyrene foam food containers

US S630

To reduce single-use plastics from the environment

US H916

To reduce single use plastics in the environment

US HB05524

An Act Concerning The State's Materials Management System.

US SB1531

DISPOSABLE FOOD CONTAINER ACT

US HB06917

An Act Concerning The Management Of Solid Waste In The State.

Similar Bills

DE SB130

An Act To Amend Title 7 Of The Delaware Code Relating To Expanded Polystyrene Foam Products.

US HB1918

Farewell to Foam Act of 2025

NJ S4230

Provides permanent exemption for certain polystyrene foam food service products from law prohibiting sale and provision of polystyrene foam food service products.

MA H912

To reduce polystyrene in the environment

MA S629

To reduce polystyrene in the environment

MA H2521

To prohibit the use of polystyrene foam food containers

DE SB178

An Act To Amend Title 16 Of The Delaware Code Relating To The Use Of Polystyrene Foam Food Service Packaging In Level Iv And Level V Department Of Correction Facilities.

AK HB25

Disposable Food Service Ware