Philadelphia Code section 9-209 bans food vendors and city contractors from using expanded polystyrene foam food service containers, cups, plates, trays, and coolers. The original 2018 ordinance survived state-preemption challenges and is enforced citywide.
Philadelphia Code section 9-209 prohibits any food provider in the city from selling, distributing, or using disposable expanded polystyrene foam food service ware, including cups, plates, bowls, clamshells, trays, and meat or produce trays packaged in store. Originally adopted in 2018 with phased compliance, the rule covers restaurants, food trucks, caterers, hospital cafeterias, schools, and city facilities. Vendors must offer compostable, recyclable, or reusable alternatives. Pre-packaged foods shipped from outside Philadelphia in foam are not covered. The Streets Department and Department of Public Health enforce with warnings, then escalating fines. Pennsylvania has not preempted local food-ware rules.
Distributing or using banned EPS foam food ware violates Philadelphia Code section 9-209 and triggers warnings, then administrative fines up to three hundred dollars per day per location.
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