West Virginia Polystyrene Foam Container Rules

West Virginia has not adopted statewide legislation banning expanded polystyrene foam food service ware. Disposal of foam and other solid waste is governed by W. Va. Code 22-15, the Solid Waste Management Act, which sets requirements for landfilling, recycling, and litter control. Local governments may implement litter cleanup programs and procurement preferences but, absent express statutory authority, generally do not ban polystyrene at retail. Federal FDA food contact rules continue to apply to foam packaging.

Improper disposal of foam waste is enforced under the Solid Waste Management Act with civil penalties set by 22-15.