Portland banned polystyrene (PSF) foam food and beverage containers in 1990 under what is now PCC Chapter 17.103, one of the earliest bans in the United States. Oregon Senate Bill 543 (2023) layered a statewide ban on polystyrene foam foodware AND intentionally added PFAS in foodware containers, effective January 1, 2025. Both apply in Portland; the stricter standard controls.
Portland's polystyrene ordinance dates to January 1990 -- when the City Council prohibited restaurants and retail food vendors from serving prepared food in PSF (polystyrene foam) containers. The current codification is PCC Chapter 17.103 ('Prohibition and Restrictions on Single-Use Plastic'), with PSF definitions at PCC 17.103.100 and the prohibition at PCC 17.103.110. PSF is defined as 'any material composed of polystyrene and having a closed cell air capacity of 25 percent or greater, or a density of less than 0.787 grams per cubic centimeter.' Covered businesses are any restaurant (including sidewalk food vendors) and any retail food vendor (grocery, deli, sales outlet) within Portland city limits. Oregon Senate Bill 543 (2023 Regular Session, Chapter 442), signed May 8, 2023 and effective January 1, 2025, expanded the ban statewide and added two new prohibitions: (a) food vendors may not package prepared food in PSF containers anywhere in Oregon, (b) no person may sell or distribute PSF containers (including loose-fill 'packing peanuts') in Oregon, and (c) no person may sell or distribute foodware with intentionally added per- or polyfluoroalkyl substances (PFAS). The state ban is enforced by Oregon DEQ with civil penalties of $100 to $500 per day per violation. Portland's older ordinance is harmonized with SB 543 and the city continues local enforcement through Portland Bureau of Planning and Sustainability.
Serving or selling prepared food in a polystyrene foam container in Portland violates both PCC 17.103.110 (city) and ORS 459A.876 (state, from SB 543). The state penalty is $100-$500 per day per violation, enforced by Oregon DEQ. The city may issue separate compliance orders through the Bureau of Planning and Sustainability. Selling foodware with intentionally added PFAS is a separate ORS 459A.876 violation with the same penalty range.
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