Foam-Free Virginia
Foam Container Ban
In 2021, the Virginia General Assembly enacted legislation that prohibits the use of Expanded Polystyrene (EPS). This ban applies to all food vendors, defined as any establishment that offers prepared food for public consumption, whether on-site or for takeout.
This includes:
- Stores
- Shops
- Sales outlets
- Restaurants
- Grocery stores
- Supermarkets
- Delicatessens
- Catering trucks or vehicles
- Schools
- Any individual or organization that regularly provides food as part of their services, including state and local government entities.
How long does my business have to comply with the ban?
The implementation of this ban will occur in two phases:
- Phase One: By July 1, 2025, food establishments with 20 or more locations must stop using foam containers.
- Phase Two: By July 1, 2026, all other food establishments must stop using foam containers.
Get ready for the ban on foam containers!
Please ensure compliance with the foam ban regulations. Complaints and exemptions for the City of Fredericksburg and Stafford County will be managed locally by the Rappahannock Regional Solid Waste Management Board (R-Board).
By law, localities may grant food vendors up to one year exemption for the EPS ban if they can demonstrate 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 exemption to vendors continuing to demonstrate the ban imposes undue economic hardship.
Any person who violates the new regulation shall be assessed with a civil penalty of not more than $50 for each day of such violation.
What alternative food containers are available?
-
- Reusable Containers
- Paper Products (virgin or recycled paper, plant fibers such as bagasse, bamboo, or wheat straw)
- Recyclable Plastic (polyethylene terephthalate, or PET)
- Foil or Metal
City of Fredericksburg and Stafford County Information
If you believe a business is in violation of the ban, please complete the Report a Violation Form. (City of Fredericksburg and Stafford County businesses only).
If your business wants to apply for exemption, please complete the Economic Hardship Form.
If you have questions regarding the ban, please contact [email protected]
Foam-Free Resources
Frequently Asked Questions (FAQs)
When will the ban take effect?
Currently, the ban is only in effect for food establishments with 20 or more locations. By July 1, 2026, all remaining food establishments must adhere to the ban.
What consequences are there for not following the ban?
Any person who violates any provision of this section, upon such finding by an appropriate circuit court, shall be assessed a civil penalty of not more than $50 for each day of such violation.
What should I do if this ban creates hardship for my business?
By law, localities may grant food vendors up to one year exemption for the EPS ban if they can demonstrate 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 exemption to vendors continuing to demonstrate the ban imposes undue economic hardship. If you want to apply for exemption, please complete the Economic Hardship Form.
How can I report a business that is not complying with the ban?
If you believe a business is in violation of the ban, please complete the Report a Violation Form. (City of Fredericksburg and Stafford County businesses only).
Where can I find more information about the ban?
For more information, visit the Virginia Department of Environmental Quality’s (DEQ) website.
