Attorney General Bonta Issues Reminder on EPS Foam Food Service Ware Ban in California

OAKLAND — California Attorney General Rob Bonta issued an enforcement advisory letter to producers of expanded polystyrene (EPS) food service ware, reminding them that Senate Bill 54 (SB 54) bans the sale, offer for sale, distribution, or importation of EPS food service ware in California. The ban became effective on January 1, 2025, due to producers’ failure to demonstrate a 25% recycling rate for EPS food service ware. EPS is often used for single-use disposable food service ware, which is a major contributor to plastic pollution. The enforcement advisory urges prompt compliance with the ban.

“Banning EPS food service ware is a critical step in protecting our environment. By eliminating avoidable waste, we reduce plastic pollution and create a cleaner, healthier future for our communities,” said Attorney General Bonta. “That’s exactly what SB 54 does, and this letter is a reminder to EPS food service producers of the need to comply with this law, or we will hold them accountable for their violations.” 

“SB 54 is advancing California toward a more robust circular economy through specified recyclability metrics for single-use plastic packaging and food ware,” said Senator Ben Allen (D-Santa Monica), author of SB 54. “The law is clear – if your product cannot meet the required recycling rate, it cannot be sold in this state because of the harm it’s posing to our environment and public health. I am grateful for the actions Attorney General Bonta is taking to uphold our rule of law to protect the people of California.”

EPS is a foam material that is often used to make disposable cups, clamshell food containers, plates, and other single-use food service products. Due to its low density and texture, EPS materials break apart easily, making it nearly impossible to contain or clean up once it is released into the environment. There are numerous functional alternatives to most uses of EPS. Reducing its production and consumption is an achievable step in combating plastic pollution. Eleven other states, along with Washington D.C., have already banned or are in the process of banning the sale and distribution of certain EPS products, particularly those used for food service.

SB 54 seeks to reduce or eliminate the sale of single-use plastic packaging in California by, among other things, creating the Extended Producer Responsibility program that requires producers to recycle 65% of single-use plastic packaging and food service ware in California by 2032. The initial 25% recycling rate was not met on January 1, 2025, by producers of EPS food service ware, which triggered the ban on selling those products in California. 

CalRecycle issued notices to the producers of EPS service ware on April 4 and August 6, 2025, reminding them of the ban. Despite these notices, EPS service ware continues to be sold to consumers in California. SB 54 authorizes CalRecycle to issue a notice of violation to — and impose an administrative civil penalty of $50,000 per day per violation on — any entity not in compliance with the regulations. In the event producers do not comply, the Attorney General may seek an injunction and penalties for violations pursuant to California’s Unfair Competition Law.