District of Columbia Statewide Rule
District of Columbia Foam Food Container Ban
Key Facts
- Governing law
- D.C. Code § 8–1532
- Food-service ban since
- January 1, 2016
- Retail sale ban since
- January 1, 2021
- Enforcing agency
- DOEE
- Covered products
- Foam cups, trays, containers
Summary
Washington DC bans expanded polystyrene (foam) food service products outright. No restaurant, cafe, or food vendor may sell or provide food in foam containers, and since 2021 retailers cannot sell foam ware, coolers, or packing peanuts.
(a)(1) By January 1, 2016, no food service entity shall sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed. (2) By January 1, 2021, no retailer shall sell or offer for sale an expanded polystyrene food service product, expanded polystyrene container, or expanded polystyrene packing material.
Full Breakdown
D.C. Official Code § 8–1532 flatly prohibits foam food service ware. Since January 1, 2016, no food service entity may sell or provide food in expanded polystyrene products regardless of where it is eaten. Since January 1, 2021, no retailer may sell foam food containers, foam coolers and ice chests, or foam packing peanuts. The ban reaches plates, cups, clamshells, meat trays, and egg cartons made of foam. The Department of Energy and Environment (DOEE) enforces it, issuing warning letters and fines to noncompliant businesses. Narrow carve-outs cover pre-sealed foam packaging and raw meat, fish, and poultry trays for off-premises use.
Violations & Penalties
DOEE enforces the ban, issuing written warnings followed by monetary fines to food service entities and retailers that continue selling or providing foam food service products in the District.
Frequently Asked Questions
Can DC restaurants use Styrofoam takeout boxes?
Are foam coolers and packing peanuts banned too?
Are there any exemptions?
Sources
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