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What is EPS?
Expanded polystyrene, also known as EPS or “Styrofoam” (which is actually a trademarked name for a Dow Chemical Company foam product), is the generic term for the white foam in disposable cups, plates, clamshell containers, and packing peanuts. The lightweight, inexpensive material is often used for packaging, and its insulating qualities make it a popular container for food & beverages.
Unfortunately, the material is made from known carcinogenic materials, which have the potential to leach into food and beverages, especially at high temperatures. In addition, because it is so light and so common, EPS often blows or floats into the natural environment (as in the photo above), and it readily crumbles into tiny bits.
EPS Foam Ban in Virginia
The Commonwealth of Virginia passed a law in 2021 to enact a statewide ban on EPS in food service. The law took the form of a phased ban on EPS foam cups and containers at food establishments that will take place in two stages. The first phase applied to businesses with 20 or more locations (chains), while the second phase will apply to all businesses.
The Virginia EPS ban in food service went into effect as of July 1, 2025 (for chains) and for all food establishments on July 1, 2026. What does this mean? It means that as of July 1, 2026, no food vendors, including restaurants, food trucks, or other food establishments, may offer EPS foam cups, bowls, plates, or to-go containers. Instead, they must offer a reusable option (best choice for health and environment) or a similar compostable/biodegradable/disposable option. EPS alternatives may be made of paper, foil, cardboard, or plastic.
Questions about the EPS Ban in Fairfax County?
If you visit a restaurant or other food establishment that is still using EPS products, please let them know about the ban. In Fairfax County, the Environmental Health Department is responsible for educating food establishments and monitoring for compliance with the ban as a part of existing food establishment inspection process.
- To report a business not in compliance with the ban, an individual may submit a complaint via the PLUS system on the County’s Food Safety web page.
- If you are a business owner with questions about compliance, exceptions, or exemptions, please contact Fairfax County’s Environmental Health Department.
Read more about the health and environmental impacts of EPS and find more details on the foam ban at our sister site, LitterFreeVA.org.
