State-by-State Polystyrene Bans: 2025 Update
The legislative landscape around polystyrene has shifted dramatically in recent years. More than a dozen US states have enacted bans or restrictions on single-use polystyrene food containers, reflecting growing public awareness of the material's environmental impact. Here is where things stand as of 2025.
The Pioneers
Maryland made history in 2020 as the first state to implement a statewide ban on expanded polystyrene food service products. The law prohibits restaurants, cafeterias, and food trucks from using EPS containers for takeout and leftovers. Maryland's bold move established a template that many other states would follow.
Oregon passed its own ban in 2020, targeting EPS food containers used by restaurants and food vendors. The Oregon law includes allowances for wholesale packaging, recognizing that food service and bulk distribution have different needs and alternatives.
The Wave of 2021-2022
Maine enacted a comprehensive ban on polystyrene food containers in 2021, with targeted exemptions for raw meat and seafood trays where alternatives were deemed insufficient. The state's strong environmental tradition made the legislation broadly popular with residents.
Vermont also acted in 2021, passing a sweeping ban on single-use EPS food containers as part of broader legislation targeting single-use plastics. Vermont's approach was comprehensive, addressing polystyrene alongside plastic bags and stirrers.
New York joined the movement in 2022 with a ban on EPS foam containers and loose-fill packaging peanuts in food service establishments. Given New York's massive food service industry, this ban removed an enormous volume of polystyrene from the waste stream.
New Jersey passed one of the broadest single-use plastics laws in the country in 2022, folding an EPS food container ban into legislation that also restricted plastic bags and paper bags. The state's comprehensive approach addressed multiple waste streams simultaneously.
Hawaii, while lacking a single statewide law, achieved a de facto ban through county-level ordinances that cover all major islands and food service operations, effectively making it a statewide prohibition by 2022.
Delaware restricted EPS food containers in food service in 2022, implementing a phase-in period to give small businesses time to find affordable alternatives and adjust their operations.
Recent Action: 2023-2025
California has taken a multi-pronged approach. Over 130 cities and counties have enacted local polystyrene ordinances, and the statewide SB 54 legislation established polystyrene reduction targets as part of a broader plastics sustainability framework signed into effect in 2023.
Colorado implemented a phased ban that reached full effect in 2024, prohibiting polystyrene food containers across all food service operations in the state.
Rhode Island enacted a statewide ban on single-use EPS food containers in 2024, joining the growing list of northeastern states committed to polystyrene reduction as part of comprehensive plastics reform.
Washington expanded its existing restrictions in 2025 to include all EPS food service ware and coolers, making it one of the most comprehensive state-level polystyrene laws in the nation.
Virginia has taken a more moderate path, implementing partial restrictions in certain localities while establishing statewide recycling incentive programs designed to encourage proper disposal and recycling of polystyrene rather than outright prohibition.
Why Recycling Makes Bans Unnecessary
The polystyrene industry has responded to these bans by investing heavily in recycling infrastructure, and the results speak for themselves. Advanced chemical recycling now produces food-grade recycled polystyrene at commercial scale. Compaction technology reduces EPS volume by 50:1, making collection and transport economically viable. The global EPS recycling market has already reached $0.7 billion and continues to grow.
These bans, while well-intentioned, are increasingly misguided. They eliminate a material that is 100% recyclable, force businesses to switch to alternatives that often have higher environmental footprints, and remove the economic incentive to build recycling infrastructure. Rather than banning polystyrene, states should invest in recycling programs that capture this valuable material and turn it into new products. The technology exists. The market demand exists. What is needed is infrastructure investment, not prohibition.