Washington Statewide Rule

Washington Expanded Polystyrene Foam Product Ban

Some RestrictionsApplies statewide across Washington (2026)

Key Facts

Rcw 70a.245: RCW 70A.245 bans expanded polystyrene foam
Effective June: Effective June 1, 2024 for food containers
Packing Peanuts: Packing peanuts and coolers also banned
Department Of: Department of Ecology administers the law
Temporary Exemptions: Temporary exemptions available for unique uses

Last verified: September 5, 2026Source: Washington State Legislature

Summary

Washington RCW 70A.245 bans expanded polystyrene foam food service containers, packing peanuts, and coolers in phases starting June 2024 to combat plastic pollution.

(1)(a) Beginning June 1, 2024, the sale and distribution of the following expanded polystyrene products in or into Washington state is prohibited: (i) A portable container that is designed or intended to be used for cold storage, except for expanded polystyrene containers used for drugs, medical devices, and biological materials as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or shipping perishable commodities from a wholesale or retail establishment; and

Source: Washington State LegislatureView official code

Full Breakdown

Under RCW 70A.245, Washington phased out expanded polystyrene (EPS) foam products. Effective June 1, 2024, the sale and distribution of EPS foam packing peanuts (loose fill packaging) and EPS foam coolers is prohibited. Effective June 1, 2024, food service businesses cannot sell or distribute prepared food in EPS foam clamshells, plates, cups, bowls, or trays. The Department of Ecology administers the law and may grant temporary exemptions for products lacking suitable alternatives. The ban complements Washington's broader plastic pollution reduction efforts including the bag ban (RCW 70A.530) and producer responsibility programs. Local jurisdictions had previously enacted EPS bans, many of which informed the statewide approach.

Violations & Penalties

Civil penalties of up to $250 for first violations and $1000 for repeat violations apply under Department of Ecology authority. Warnings precede fines for first-time offenders.

Frequently Asked Questions

Are foam takeout containers banned in Washington?

Yes, RCW 70A.245 prohibits EPS foam clamshells, plates, cups, and bowls for prepared food effective June 1, 2024.

Are foam coolers still legal in Washington?

No, the sale and distribution of EPS foam coolers became prohibited under RCW 70A.245 effective June 1, 2024.

Sources

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