Virginia Code §10.1-1424.4 phases out expanded polystyrene single-use food service containers for Virginia Beach restaurants, with chain operators already restricted and small businesses following by mid-decade.
Virginia Code §10.1-1424.4, passed in 2021, prohibits food vendors from dispensing prepared food in expanded polystyrene foam containers. Chain restaurants with 20 or more Virginia locations were the first compliance tier, followed by chains of any size, and finally all food vendors statewide. Virginia Beach restaurants near the resort area and Town Center fall under the same phase-in. The Virginia Department of Environmental Quality enforces the ban, and violators face a civil penalty up to $50 per day. Reusable, recyclable, or compostable alternatives such as paper, fiber, or rigid plastic are required substitutes.
Distributing food in expanded polystyrene foam past a vendor's compliance deadline carries a civil penalty up to $50 per day, capped at $300 per year, payable to the Virginia Litter Control Fund.
See how Virginia Beach's polystyrene foam rules rules stack up against other locations.
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