Polystyrene: the holey blanket of plastic bans across the US
by Jennifer Brook at 16:27 in Environmental, Packaging, Circular Economy, Content, Emerging
We've heard about it many times. Expanded polystyrene (sometimes called Styrofoam) food containers are some of the most frequently banned items in the US. Businesses have used biodegradable alternatives, with varying degrees of success. However, the sticking point for both individual and business compliance is that each place in the US can make its own laws, which makes it hard to keep up. Legislation differs by state, by county, by city and even by village. As a result, chain stores can struggle – and so can the environment. A river is protected from trash in one city, but succumbs to trash when it flows through the next.
A recent Lorax EPI blog, Oregon's Move to Ban Expanded Polystyrene Foam (Styrofoam), highlights legislative efforts to help the environment, in Oregon specifically. This blog will cover the US as a whole, and how Lorax EPI can help you to be compliant with relevant laws. US legislation is often referred to as a 'patchwork quilt', but it could also be described as a hole-filled blanket – some areas are covered under the plastic bans, and some are left out in the cold.
At state level
Some states have not restricted plastic at all, and left it up to individual hotdog cart owners to decide whether or not they distribute those foam clamshell containers and hotdog trays. Some states have acted in the best interests of the population and taken polystyrene out of their environment on their behalf, such as Rhode Island. And in Hawaii, there is no state polystyrene ban, but every county has passed one, meaning its effectively banned throughout the state.
Of course, exemptions to the bans are made in every law for sanitary needs (e.g., to package raw meat) and disability needs where necessary.
A ban on... bans?
Many states in the US have tried to avoid the patchwork quilt effect by stopping local municipalities from passing multiple, slightly different plastic foodservice ware bans themselves. The trouble is, these states haven't then passed their own plastic bans. This means that plastic sticks around in states with plastic foodservice ware preemption laws, such as Texas and Florida. This also results in towns being unable to do anything for themselves to help the environment in this way.
Unincorporated county areas
Marin County in California passed a ban back in 2022 on polystyrene foodservice ware. However, it only applied to the unincorporated areas, which are the areas that aren't official towns or cities, so these are still holes on the map. Many cities in the county have since chosen to copy the Marin County law into their own legislation anyway, such as Tiburon, Larkspur and Novato in 2023, but this is still just a holey blanket attempting to shield its citizens from shark-infested waters.
Town councils - too close for comfort
Oak Park Town in Illinois and Forest Park Town are right next to each other, and have very similar foodservice ware laws, but not exactly the same. Both only permit food vendors to give out plastic foodservice ware when the customer requests it, but in Forest Park the drive-thrus are exempt, and a few blocks along in Oak Park, they are not. This happens a lot across the US, so if your business has stores in multiple cities, you need to know the regulations in each location.
Keep it simple
So, what can you do to make life easier for yourself? Many businesses have already implemented company-wide reuse systems for food containers or set their own bans to clear the slate and make it the same situation at every store. Also, you can contact us at Lorax EPI and we can help you keep track of all your legislation, together - simple.
