Virginia Bans Single-Use Polystyrene Food Containers

RICHMOND, VA — Virginia Gov. Ralph Northam signed into law a bill that bans the use of polystyrene foam cups and takeout food containers.

Food chains with 20 or more locations cannot package and dispense food in single-use polystyrene containers as of July 2023. Remaining food vendors have until July 2025.

Food vendors in violation of the ban can receive up to $50 in civil penalty each day of violation. Under the law, a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship.

The bill, H.B. 1902, also bans nonprofits, local governments and schools from using polystyrene takeout containers, effective 2025. Northam signed the bill on Thursday.

"By approving the bill, Governor Northam has recognized what most Virginians already know: a lot of waste comes from things we don’t need and we know we shouldn’t use, such as foam cups and take-out containers," Elly Boehmer, state director of Environment Virginia, said Monday in a statement. "This trash ends up in our open spaces and waterways, where it endangers wildlife."

Polystyrene never breaks down, so it harms the environment for decades," Boehmer said.

The bill was introduced by Del. Betsy Carr, a Democrat from Richmond. "We thank Del. Carr for championing this bill for the past two years and her ongoing advocacy for the environment and Gov. Northam for pushing this over the finish line with his signature," Boehmer said.

The penalties collected by state and local officials for violating the polystyrene foam container ban will be deposited in the Litter Control and Recycling Fund or the local jurisdiction’s treasury. A portion of the penalties deposited in the state’s litter fund will be used for public information campaigns to discourage the sale and use of polystyrene products.

The bill also directs the state Department of Environmental Quality to post to its website information on compliance and the filing of complaints.

The use of plastic foam containers has risen during the COVID-19 pandemic to prevent the spread of the coronavirus. Several states and cities have reversed or delayed restrictions and bans on single-use plastics since April 2020, USA Today reported.

Some lawmakers spoke out against the ban, arguing it would hurt small businesses that rely on polystyrene foam containers, which are known for their cheaper cost. "The places that give me these [polystyrene foam] containers are the places that are struggling the most right now," said Sen. Jen Kiggans, a Republican from Virginia Beach.