EPS/Styrofoam Ban for Food Vendors

A New Virginia Law
The Virginia General Assembly passed legislation in 2021 to ban the use of Expanded Polystyrene (EPS), commonly called “Styrofoam”, by food vendors, starting in 2025. The law was designed to take effect in two phases:

Phase 1: Food vendors with 20 or more Virginia locations were required to stop using EPS containers by July 1, 2025.
Phase 2: All other food vendors must comply by July 1, 2026.

Why a ban?
Styrofoam/EPS has many downsides, including:

• This material takes at least 500 years to break down. EPS is also notoriously difficult to recycle.
  In fact, less than 1% of EPS is successfully recycled.
• Because it is essentially non-recyclable, EPS accumulates in landfills and in natural environments, where it breaks down into microplastics that contaminate soil and water. Due to its lightweight nature, EPS can easily blow out of trash cans and end up in rivers and the ocean. Many animals mistake EPS for food, causing potentially fatal consequences.
• EPS is primarily made from styrene, a possible carcinogen. Chronic exposure to high amounts of styrene for extended periods can cause injury to the nervous system.

The EPS ban going into affect in 2026 applies to any food vendor, defined as any establishment that provides prepared food for public consumption on or off its premises and includes a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck or vehicle; any other person who provides prepared food; and any individual, organization, group, or state or local government entity that regularly provides food as a part of its services.The ban is also applicable to Virginia Schools. For more information, please see this memo from the Virginia Department of Education.

By law, localities may grant food vendors up to a one-year exemption to the EPS ban if vendors can demonstrate that compliance with the ban would impose undue economic hardship. Food vendors granted an exemption can reapply to the locality before the exemption expires. Localities may then grant an additional one-year exemption to vendors continuing to demonstrate that the ban imposes undue economic hardship. Please contact mshock@blacksburg.gov to inquire about the process to apply for a one-year exemption.

For anyone currently using EPS products in any industry, the legislation also discourages the sale and use of EPS products and encourages the promotion of alternatives to EPS.

What are the Alternatives?
Many similarly-priced alternatives are available. You will want to consider factors such as your operational needs, cost, availability, compostability, and recyclability, depending on the facilities available in your locality. This Resource Guide and Foam-Free Resources | Virginia DEQ provide guidance on other alternatives to EPS food and beverage containers.