Foam-Free Virginia
In 2021, the Virginia General Assembly enacted legislation prohibiting food vendors from using Expanded Polystyrene (EPS) foam containers, commonly known as Styrofoam™.
This ban will be implemented in two phases:
- Phase One: By July 1, 2025, food establishments with 20 or more locations must discontinue the use of Styrofoam™ containers.
- Phase Two: By July 1, 2026, all remaining food establishments must adhere to the ban.
This regulation applies to any food vendors serving prepared meals, including restaurants, cafeterias, food trucks, catering companies, and grocery store salad bars.
What alternative food containers are available?
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- 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
This is a great resource for alternative food container options: New York DEC EPS Alternatives Reference Guide
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.
