California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that polystyrene foodware achieve 25 percent recycling by 2025 or face statewide sales prohibition.
SB 54 (Plastic Pollution Prevention and Packaging Producer Responsibility Act, 2022) codified at Public Resources Code 42040-42081 requires producers to ensure all single-use packaging and plastic foodware is recyclable or compostable by 2032. Expanded polystyrene foodware is prohibited from sale unless producers demonstrate at least 25 percent recycling rate by January 2025, escalating to 65 percent by 2032. CalRecycle certified that polystyrene failed to meet the 25 percent threshold, triggering the statewide ban. Local governments may impose stricter rules but cannot authorize prohibited products.
Producers face civil penalties up to $50,000 per day per violation under Public Resources Code 42081 enforced by CalRecycle and the Attorney General.
See how Berkeley's polystyrene foam rules rules stack up against other locations.
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