What You Need to Know About California’s EPS (Styrofoam) Ban

The ban currently applies to takeout containers, cups, and plates made from expanded polystyrene and, as of now, does not cover EPS materials used for packaging other materials such as electronics, foam meat trays, egg cartons, or coolers. Local ordinances already exist in over 100 California cities, and several counties enforce stricter local bans in addition to the statewide law.

CalRecycle, the state agency that oversees sustainable regulations in California, launched a public reporting webpage for violations and is in the early phase of enforcement, putting more focus on education first before issuing fines. Producers could face daily penalties of up to $50,000 per violation in the future.

Why is this important?

Most foam food service ware is unrecyclable, and recycling rates in California remain extremely low, which is a trend we see across the United States. The law has led to the greater adoption of alternative materials in packaging across industries, with a greater demand on packaging products made of renewable resources instead of petroleum-based materials.

The ban is part of California’s and other states’ Extended Producer Responsibility regulations, which place the responsibility on the producer and brand owners rather than the consumer. This ban is setting a precedent for additional EPS bans and other similar regulatory efforts regarding more sustainable packaging policies.

What does this mean?

Whether or not your company sells products in the food industry, it is important to be aware of this EPS ban as an early step to broader sustainable packaging policies. A variety of EPS alternatives exist in the market. These products have a reduced environmental footprint and are compliant and regulatory-ready to meet evolving regulations. Lower emissions and reduced exposure to EPR fees make these products a cost-effective and sustainable choice.