The Attorney General of California this week released a letter reminding businesses that expanded polystyrene (EPS) service ware was banned in California on January 1, 2025. The operative provision of Senate Bill 54 (Allen 2022, the Plastic Pollution Prevention and Packaging Producer Responsibility Act) went into effect to ban producers of expanded polystyrene (EPS) service ware from selling those products in California.
“While well-intentioned, this law is another example of California’s overregulation that lacks a realistic implementation plan for affected stakeholders,” the CFCA told NACS in a statement. “Currently, no manufacturer has been able to meet the law’s required 25% recycling rate threshold. As a result, the California Fuels & Convenience Alliance has been advising members since the end of 2024 that they must transition away from foam products and identify alternative products as quickly as possible to avoid enforcement risk.”
“Our members support sustainability and responsible business practices. What they cannot sustain are policies that get ahead of the realities of infrastructure and the supply chain, leaving small businesses to absorb the cost and liability,” CFCA continued.
The letter from the Attorney General states:
“EPS is a foam material that is often used to make disposable cups, clamshell food containers, plates and other one-time food-service products. These products should no longer be sold, distributed, offered for sale or imported in or into the state, as set forth in subdivision (i) of Public Resources Code section 42057, as producers have not demonstrated at least a 25% recycling rate of all expanded polystyrene by January 1, 2025.
The California Department of Resources Recycling and Recovery (CalRecycle) has provided ample notice of the EPS service ware prohibition to potential producers, including with a September 2024 notice of deadline to demonstrate the necessary recycling rate for EPS service ware and a January 2025 determination that the 25% recycling rate had not been met, triggering the prohibition on the sale, offering for sale, distribution or importing of EPS service ware in or into California. CalRecycle followed up with notices on April 4 and again on August 6, 2025, restating the EPS service ware prohibition in California. The Attorney General’s office is committed to assisting CalRecycle in the enforcement of this important plastic pollution prevention law.”