Expanded polystyrene (EPS) ban

Images of expanded polystyrene products: cups, clamshells, plates, bowls, trays, coolers, and packaging peanuts.

Several types of expanded polystyrene will soon be banned for sale and distribution in Washington.

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What is expanded polystyrene (EPS)?

EPS foam is a lightweight cellular plastic material consisting of small hollow spherical balls that are expanded and processed through a variety of techniques.

For the legal definition, read the expanded polystyrene definition as it is listed in the law.

Problems with expanded polystyrene

Expanded polystyrene materials are difficult to recycle, and it’s expensive. They aren’t accepted in most of Washington’s residential recycling programs and are treated instead as a contaminant. Because they are not readily recyclable, the materials end up in landfills, waste-to-energy facilities, or the environment.

EPS materials are extremely brittle and break easily into tiny pieces. These small pieces scatter in the wind and contaminate the environment.

Bans on expanded polystyrene begin in 2023 and 2024

In June 2023, packing peanuts and other loose fill packaging will be banned.

An illustration of packaging peanuts, a restricted EPS product under Washington law.

An illustration of expanded polystyrene packaging material, also called "packaging peanuts."

In June 2024, portable coolers will be banned.

An illustration of an EPS cooler, restricted under Washington law.

In June 2024, food service products like containers, plates, bowls, clam shells, trays, and cups will be banned.

An illustration of an expanded polystyrene bowl.

An illustration of a partly open EPS clamshell.

Block EPS packaging material
Trays and packaging for raw, uncooked, or butchered meat, fish, poultry, or seafood, vegetables, fruit
Egg cartons
EPS containers for drugs, medical devices, and biological materials or shipping perishable commodities from a wholesale or retail establishment

Who does the ban apply to?

This ban applies to any person, firm, association, partnership, corporation, government entity, organization, or joint venture that sells or distributes the EPS products covered by this ban.

Can my organization use up existing inventory after the ban’s effective date?

No. This law bans the sale and distribution of EPS materials, even if businesses or entities have previously purchased stocks. We encourage entities that currently distribute and sell EPS to transition to a compliant material before or by the effective date of this ban.

How will the law be enforced?

We will respond to non-compliant businesses, institutions, manufacturers, and distributors with education, resources, and technical assistance. Though we intend to provide assistance in gaining compliance whenever possible, repeated and continuous non-compliance may result in up to a $250 fine for a first offense and a $1,000 fine for repeat violations thereafter.

What are alternatives to expanded polystyrene?

There are a lot of alternatives to expanded polystyrene products. When New York state's EPS ban went into effect the New York State Department of Environmental Conservation created a guide to alternatives to EPS:

Reference Guide of Alternatives to Single-Use Expanded Polystyrene Foam – covers food and beverage containers and loose fill packaging (“packing peanuts”).

We're posting this guide as a reference for Washington state residents and businesses.

What’s next?

We are providing technical assistance and guidance to manufacturers of the prohibited products. Also, we are working with local governments, producers, distributors, retailers, associations, and nonprofits to develop outreach materials.

When considering alternatives, remember upcoming restrictions PFAS

We are also addressing PFAS in food packaging through an alternatives assessment process. Based on recent results from this project, we will restrict PFAS in wraps and liners, pizza boxes, trays, food boats, and plates, starting in February 2023.

We are assessing other products for further restrictions, including flat serviceware (like trays and plates), open-top containers (like French fry cartons and food boats), closed containers (like clamshells), bowls, and bags.
Find more details and keep up with progress on the project website.

Report a violation

This process is for reporting any violation of the (EPS) ban you have observed. The following are examples of EPS ban violations that can be reported:

The sale of EPS foam coolers.
The sale or distribution of food service products made of EPS such as food containers, plates, bowls, clam shell-style containers, and hot and cold beverage cups.
The sale or distribution of EPS packing peanuts

We will follow up by contacting the business or organization, educating them about the law, and offering technical assistance on how to comply with the law. We may issue a civil penalty to manufacturers and distributors found guilty of violating the EPS ban by selling or distributing EPS food service products or packing peanuts.

Please do not report situations that are not in violation of the law. The EPS ban does not apply on tribal lands. Please do not submit complaints about businesses located on tribal lands.

Products not covered by this law include:

EPS containers designed or intended to be used for cold storage that are used for:
- Drugs
- Medical Devices
- Biological materials as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.)
- Shipping perishable commodities from a wholesale or retail establishment
EPS food service products used for packaging of:
- Raw, uncooked, or butchered meat
- Fish
- Poultry
- Seafood
- Vegetables
- Fruit
- Eggs

To report a suspected violation of the EPS ban, please email epsban@ecy.wa.gov with the following information:

Contact information of the person who observed the instance of noncompliance:
- Name
- Phone number or email address
Location, date, and time of the observation
What was the noncompliant action? (for example: is the organization selling or distributing a banned EPS product or products)
Who sold or distributed this product?
- Name of organization, business, or entity
- Address (please include street address, city, and zip code) or website address
- Any contact information for business (if known)
Provide a detailed description of the noncompliant item. (Example: EPS packing peanuts received with a delivered product, EPS foam container received with takeout food, distributor selling EPS foam plates/bowls, retail store selling EPS coolers, etc.)
Please include any photos or documentation of the instance of noncompliance.

Contact information

Heather Church
Waste reduction and recycling specialist
epsban@ecy.wa.gov
509-688-5358