S 3440 United States Senate · 118th Congress

Farewell to Foam Act of 2023

The Farewell to Foam Act of 2023 bans the sale and distribution of expanded polystyrene food service ware (like takeout containers and cups), expanded polystyrene loose fill (packing peanuts), and expanded polystyrene coolers starting January 1, 2026. It directly affects food service providers (restaurants, grocery stores, schools), manufacturers, distributors, and retailers selling these products. Violations require written warnings for first offenses, with escalating civil penalties starting at $250 for repeat violations, though small businesses with lower annual revenue face limits on how often penalties apply. The bill excludes coolers used for medical or drug storage, focusing the ban solely on consumer food and packaging items.
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2023
Committee Review
Floor Vote
President
Introduced Dec 7, 2023 Last action Dec 7, 2023
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Total actions
2
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0
Committee
1
Dec 7, 2023
Committee
Read twice and referred to the Committee on Commerce, Science, and Transportation.
upper
Dec 7, 2023
Introduced
Introduced in Senate
upper
1 primary · 10 co-sponsors

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