Expanded Polystyrene Food Service Ware Requirements

 

California’s landmark plastic pollution law restricts Expanded Polystyrene (EPS) food service ware producers (producers) from selling or distributing EPS food service ware, like single-use takeout containers and cups, unless they can demonstrate that certain recycling rates are met.

Statewide sales and distribution restrictions are in place as of January 1, 2025.

If you answer YES to any of the following questions you may have obligations under the law:

  • Do you make EPS food service ware?
  • Are you the owner or licensee of an EPS food service ware brand or trademark?
  • Do you sell or distribute such products?

CalRecycle would like to help you comply with the law.

Public Resource Code (PRC) section 42057(i).

Program News

Under California law, to continue selling or distributing EPS food service ware in the state, producers must have demonstrated that all EPS meets a 25% recycling rate as of January 1, 2025.  

  • To date, this recycling rate requirement has not been met.
  • As a result, producers are restricted from selling, offering for sale, distributing, or importing EPS food service ware in or into California. 

EPS food service ware includes:

  • Cups
  • Plates
  • Bowls
  • Hinged Containers
  • Clamshells
  • Trays
  • Lidded Containers
  • Lids

PRC section 42041(e)(1)B)

Does not include:

  • Styrofoam peanuts             
  • Void fill packaging               
  • Sports equipment
  • Ice chests                             
  • Household insulation

Help California Reduce Plastic Foam Waste

CalRecycle created a simple way to help protect our environment, called the EPS Public Reporting System.
It lets Californians share where they see EPS food service ware in stores or restaurants. By identifying EPS food service ware in our communities, you help CalRecycle offer compliance education and assistance information to producers that may not know they’re affected by the law.

EPS Public Reporting System

Helpful Tools

Resources for Compliance Assistance

CalRecycle is working to educate regulated businesses to ensure they come into compliance with the law. CalRecycle is also offering assistance to nonregulated entities to help them work with partners and vendors to inform purchasing decisions and understand what to expect.

Producers

  • CalRecycle is working to determine which companies are EPS producers under the law.
  • The definition of ‘producer’ is in PRC section 42041(w). This definition applies to producers of EPS food service ware as well as other covered material.
    • CalRecycle will publish guidance on identifying producers once the regulations take effect.
    • Industry organizations and the Producer Responsibility Organization, Circular Action Alliance, may also provide support or educational materials to assist businesses in determining who the producer is for a particular item of covered material.
  • CalRecycle published an FAQ to help regulated businesses understand their compliance obligations.

CalRecycle’s ongoing compliance assistance efforts include providing updates and information through letters sent to potential EPS producers:

  • Notification that the EPS recycling rate had not been met: August 6, 2025
    • CalRecycle continues to send letters like this one to inform potential producers that EPS food service ware sales restrictions are in place.
    • Required recycling rates will increase over the next several years.
  • Notification of the EPS recycling rate: September 11, 2024

Local Jurisdictions and Recycling Service Providers

  • CalRecycle encourages local jurisdictions, recycling service providers, and their partners to:
    • Review current use of EPS food service ware.
    • Identify alternative food service ware options and begin transitioning from EPS food service ware to an alternative material to reduce negative environmental impacts and ensure compliance.
    • Stay informed on additional guidance and resources provided by CalRecycle and share these resources with impacted businesses and interested parties in your jurisdiction.
  • While CalRecycle cannot promote a particular replacement material, there are many materials available in the marketplace suitable for food service ware.

Consumers

  • Consumers can help CalRecycle offer support to producers by sharing where they see EPS food service ware in California through the EPS Public Reporting System.
  • As EPS food service ware producers comply with the law, consumers may notice less EPS food service ware in stores and restaurants, and more alternatives made available.
  • Consumers may still see some EPS food service ware in stores or restaurants because only businesses defined as producers under the law are subject to the restrictions.

Other Impacted Parties

  • As EPS producers comply with the law, businesses that use food service ware may notice less EPS food service ware on the market, and more alternatives made available.
  • Some businesses that sell EPS food service ware, such as retailers and distributors, or that use EPS food service ware, such as restaurants, may not be “producers” under the complex definition in the law. These companies are not subject to the restriction.
  • Businesses that are not producers and are not required to comply with the restriction may help CalRecycle identify the producer of the EPS food service ware for compliance assistance and enforcement.
  • CalRecycle encourages impacted businesses to review their current use of EPS food service ware.
  • While CalRecycle cannot promote a particular replacement material, there are many materials available in the marketplace suitable for food service ware.

Enforcement

CalRecycle’s role is to:

  • Review data submitted by EPS food service ware producers for the recycling rate for all EPS in California.
  • Make a recycling rate finding based on data submitted.
  • Enforce the law.

While CalRecycle prioritizes compliance assistance to deter and prevent noncompliance, violations can result in administrative actions and civil penalties.

CalRecycle is working to:

  • Determine which entities are potential EPS producers under the law.
  • Provide potential EPS producers with compliance education and assistance information to help them comply with the law.

Related Links

Contact

Submit non-media questions about the program to PackagingCompliance@calrecycle.ca.gov.
For media inquiries OPA@calrecycle.ca.gov.