Legislative Looks

California became the first state to enact legislation imposing a statewide ban on single-use plastic bags at large retail stores, and requires a 10-cent minimum charge for recycled paper bags, reusable plastic bags, and compostable bags at certain locations.

Sustainable foodservice packaging for CA State owned or operated buildings: CA SB1335 has led to the creation of a sustainable packaging database managed by CalRecycle, which includes third-party certified and PFAS-free molded fiber packaging. This means state-owned facilities like universities, the public school system, correctional facilities, airports, etc., can only purchase packaging on this list. Find approved products in the purchasing guide here.

Skip The Stuff Law: CA AB 1276 prohibits food facilities and third-party food platforms from providing single-use foodware accessories (i.e. cutlery, chopsticks, straws, etc.) or condiments to a customer, unless requested. The bill also specifically bans bundling or packaging accessories.

Considered the toughest bill on plastics to date, SB 54 requires 100% of packaging to be recyclable or compostable by 2032 and packaging makers help pay for the cost of recycling and composting packaging waste. Under SB 54, expanded polystyrene (EPS) foodware is banned in California as of January 1, 2025, due to the industry’s failure to meet the required 25% recycling rate. The law prohibits the sale and distribution of EPS food serviceware and encourages a shift to more sustainable alternatives.

Assembly Bill (AB) 1200 bans all plant fiber-based food packaging containing PFASs that are either intentionally added or present at levels exceeding 100 parts per million of total fluorine, beginning January 1, 2023.

CA SB 343 restricts how marketers can use environmental marketing claims on packaging. The legislation also restricts the chasing arrows symbol for resin codes. Per the bill, compostable consumer products need to be PFAS-free, be labeled in a manner that distinguishes them from non compostable products, and compostable plastics meet ASTM standards D6400 or D6868.

AB 1201, California’s Compostable Labeling Law, prohibits the sale of products labeled “compostable” or “home compostable” unless they meet specific criteria. As of January 1, 2024, products must have clear labeling, contain no added PFAS, and meet compostability standards once approved certifiers are designated by CalRecycle. By 2026, they must also qualify as allowable organic inputs under USDA’s National Organic Program. The law aims to reduce contamination, ensure accurate labeling, and support the recovery of materials suitable for organic agriculture.

According to the bill, single-use plastic and paper bags will have a 10-cent fee starting in 2023. Starting in 2024, single-use plastic bags and expanded polystyrene containers will be banned.

The EPR bill HB22-1355, and was one of the first to have composters well-represented through its development. Through dues, packaging and printed paper producers will help finance statewide recycling and composting.

CO SB23-253 requires product labeling for compostable packaging sold in CO. Starting July 1, 2024 all products labeled compostable must be certified by a third-party and clearly labeled as “compostable.” Products must also use GREEN-COLORED LABELING OR STRIPING OR OTHER EASILY RECOGNIZABLE GREEN SYMBOLS, COLORS, TINTING, MARKS, OR DESIGN PATTERNS THAT DIFFERENTIATE THE PRODUCT FROM PRODUCTS THAT ARE NOT CERTIFIED COMPOSTABLE

Effective January 1, 2024.  Starting January 1, 2024 HB22-1345  prohibits the sale or distribution of fiber-based food packaging to which PFAS has been intentionally added. 

In Connecticut, food packaging that contains intentionally added PFAS has been prohibited since 2023. The state also prohibits manufacturers from creating alternatives to PFAS that have as great or greater a risk than the dangers presented with the current intentionally added PFAS chemicals.

As early as 2019, Connecticut also placed restrictions on single-use straws and prevented anyone from selling food or beverages in expanded polystyrene containers.

Staring in 2025, Connecticut also mandated that businesses that create at least 26 tons of food waste are required to separate the material into separate waste streams, including diverting organic waste to industrial compost facilities.

Connecticut has also made attempts at passing EPR legislation for packaging but unfortunately those attempts have failed thus far.

Starting in 2025, Delaware also joined in banning polystyrene food containers and single-use plastics. The state prohibits “food establishments,” including restaurants, caterers and grocery stores, from serving food in polystyrene containers or providing plastic straws (unless requested), stir sticks, or cocktail or sandwich picks to customers.

Food establishments can no longer use any of the following items with ready-to-eat or beverages:

• Foam containers (exclusions for fire companies; long-term, acute and outpatient health-care services; and non-profit organizations, including religious institutions)
• Single-service plastic coffee stirrers
• Cocktail or sandwich picks
• Single-service plastic straws can only be provided upon request

Delaware has prohibited plastic carryout bags since 2022. Establishments instead provide customers access to a reusable bag for purchases.

Effective January 1, 2016, D.C.’s foam ban banned businesses and organizations from serving food or beverages within expanded polystyrene food service packaging. Through 2021 amendments, the Foam Free Ban now also includes banning the retail sale of foam food service ware, foam storage containers like coolers, and foam loose-fill packaging material, commonly known as packing peanuts.

Florida has made attempts at passing statewide bans on plastic and polystyrene products, including in 2026 when half a dozen or more bills were introduced; however, the support for state-wide efforts to ban these products just isn’t there quite yet.

Florida has, however, had some success in passing such policies at the county and city level.

Please contact your RSM or terry.rentzepis@worldcentric.com for more information on plastic and polystyrene bans in cities and counties across Florida.

As of 2022, Hawaii has banned the manufacture, sale, distribution, or use of wraps, liners, plates, food boats, and pizza boxes that have intentionally added PFAS. In 2025, the state attempted to extend this ban to all food service packaging. That effort failed but the state is attempting again with a new bill in 2026.

The State of Illinois has prohibited the purchase and distribution of polystyrene foam foodware in all state facilities and agencies since 2025. Instead, state facilities must purchase food service packaging that is compostable or recyclable. Vendors contracting with the state were required to make the same changes starting in 2026.

The Illinois legislature is attempting to pass a law that would ban polystyrene food service packaging state-wide, but the effort is currently held up. Fingers crossed the legislation can cross the finish line in 2026.

Effective Jan. 1, Illinois has disallowed the sale or distribution of food packaging that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances. In addition to packages and shipping containers themselves, this includes any components such as exterior strapping, coatings, closures, inks and labels. HB 2516 was adopted in 2025 to amend the PFAS Reduction Act.

In Maine, as of January 1, 2023, all manufacturers of PFAS-containing products for sale in Maine are required to submit a notification including a description of the product and the purpose, amount, and types of PFAS used. All packaging containing intentionally added PFAS will be banned in Maine starting January 1, 2030.

Maine also, as of July 1, 2021, has banned the use of disposable polystyrene foam food service ware, including containers, bowls, plates, trays, cartons, cups, lids, sleeves, stirrers, or other items used to contain, transport, serve or consume prepared foods.

Also in 2021, Maine established a Stewardship Program for Packaging, an extended producer responsibility program with the goal of reducing the volume of packaging materials and increasing the recyclability of packaging.The program requires producers to pay into a fund based on the amount and recyclability of packaging associated with their products. These funds will be used to reimburse municipalities for eligible recycling and waste management costs, make investments in recycling infrastructure, and help Maine citizens understand how to recycle.

The state initiated rule-making for the EPR program in 2025 and in 2026 is working to identify a stewardship organization for overseeing the program.The goal is to fully implement the program by the end of 2027.

Also, as of January 2024, Maryland has banned all food packaging items with intentionally-added PFAS.

In 2025, Maryland became the sixth state in the U.S. to pass a law creating an extended producer responsibility program for packaging. This law followed a bill passed in 2023 to study the feasibility of an extended producer responsibility program for packaging and the creation of an EPR advisory group. The state just started the implementation process for the EPR program in 2026 with designation of producer responsibility organizations, and in 2027 the state plans to develop a list of covered materials to identify product categories governed under the program.

Maryland was an early adopter in banning polystyrene, banning the sale or use of disposable polystyrene food service ware in 2020.

All executive offices and agencies of the executive department shall stop purchasing single-use plastic bottles, to be fully implemented no later than Dec. 31, 2023.

NEWTON, MA:

The city council issues a prohibition on the list of items below used by food service and retail establishments, and the sale or use of these products by any business in the City of Newton:

i) foam polystyrene and black plastic food and packaging containers;

ii) plastic stirrers;

iii) single use plastic utensils;

iv) single use plastic water bottles

Minnesota is the fifth state in the nation to pass an Extended Producer Responsibility (EPR) law (HF 3911). The new legislation, introduced in February, incentivizes manufacturers to make all packaging reusable, recyclable, or compostable by 2032, shifting costs away from the consumer. Producers will be required to pay half of the cost for recycling, with incremental increases until 2031, when the percentage will reach 90 percent.

As of Jan 1, 2024 “no person share manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains intentionally added PFAS.

The MN Stat. 325E.046 Standards for Labeling Plastics Bags was amended to apply to food service products and other packaging claiming composability. The purpose of the bill is to reduce misleading claims about the environmental performance of products; define ‘Compostable’; and require third-party verification for compostable products by 2026.

The Minnesota Composting Council provided strong support for getting these standards passed and hosts details of the law on their website.

Effective May 4, 2022, the New Jersey bill prohibits the provision or sale of single-use plastic carryout bags, single-use paper carryout bags, and polystyrene foam food service products; and limits the provision of single-use plastic straws; and appropriates moneys from the Clean Communities Program Fund to support ongoing public education.

Effective December 31, 2022. The restriction of PFAS in food packaging applies specifically to food packaging with intentionally added PFAS, as described in section 37-0203 of the Environmental Conservation Law (ECL). According to that provision, no person shall distribute, sell, or offer for sale in this state food packaging containing PFAS substances as intentionally added chemicals on or after December 31, 2022.

New York was the third state to ban plastic bags in 2019 thanks to Senate Bill 1508. The law bans single-use plastic bags provided at checkout by grocery stores and other retailers. There are some exemptions, including bags distributed at the meat/deli counter, newspaper bags, trash bags, garment bags, bags provided by a pharmacy for prescription drugs, and restaurant takeout bags. The law allows individual counties the option of placing a 5-cent fee on paper bags, with 2 cents going to local governments and 3 cents to the state’s Environmental Protection Fund.

Effective January 1, 2022, New York banned the use of disposable polystyrene foam food service ware and packing peanuts.

SB 543; effective January 1, 2025: the new law prohibits the sale or distribution of foodware containers with intentionally added per- or polyfluoroalkyl substances (PFAS), as well as polystyrene foam containers for prepared food.

NEWTOWN TOWNSHIP, PA: An ordinance has been approved in Newtown Township restricting the use of foam polystyrene food containers and single-use carryout bags, and only allowing for the provision of single-use plastic utensils and straws upon request, effective April 9, 2024. Resources concerning the ordinance may be accessed here.

SWAMPSCOTT, PA: Restrictions concerning single-use plastics were approved in Swampscott. The Plastics Regulations in Food Establishments includes restrictions regarding the types of single-use foodservice containers that may be provided/used as well as only allowing for the provision of food serviceware and condiment packages upon customer request.

Single-use containers composed of the following materials are prohibited for use by food establishments: polystyrene or foam polystyrene, polyvinyl chloride, low density polyethylene, any black plastics, any plastic labeled as #7 and any containers with intentionally added PFAS (as defined). Further, PET/PETE foodservice packaging cannot be used to serve or store hot food and beverage and shall not contain post-consumer recycled content. Also, compostables must clearly be marked with their certification. The restrictions are set to take effect in June 2024. More information in the article here.

Effective January 1, 2024, no food package to which PFAS have been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state.

Additionally, beginning January 1, 2025, food establishments in the Ocean State may no longer serve in polystyrene containers or provide plastic beverage stirrers; SB14

Single-Use Plastic Bag, Straw and Expanded Polystyrene Ban. Vermont’s SB 113 placed restrictions on single-use plastic bags, single-use straws and stirrers, and prevents anyone from selling or selling food or beverages in expanded polystyrene containers.

Effective July 1, 2023. Vermont passed the nation’s most comprehensive legislation on PFAS when S.20 (Act 36) was signed by the governor on May 18, 2021. The law bans PFAS in food packaging, firefighting foam, and certain household products.  With regard to food packaging, the law prohibits the sale, distribution for sale, and distribution for use of any food package to which PFAS have been intentionally added or are present in any amount.

Vermont's Universal Recycling Law (Act 148), passed in 2012, reached its final and most significant milestone on July 1, 2020, when a statewide ban on food scraps in the trash went into effect for everyone, including residents.

In July 2025 Virginia will add its name to the states who say no to foam anywhere across the state. HB 1902 prohibits any establishment that prepares food for the public to serve to a customer in a single-use, expanded polystyrene food service container defined as: plates, cups, bowls, trays, and hinged containers.

Washington DC has banned businesses and organizations from serving food or beverages in expanded polystyrene food service packaging since 2016. On 2021, the policy was amended to also include bans on the retail sale of foam food service ware, foam storage containers like coolers, and foam loose-fill packaging material, commonly known as packing peanuts.

Washington’s Plastic Product Degradability Law sets strict standards for compostable product labeling to prevent greenwashing and reduce contamination at compost facilities. As of January 1, 2024, all compostable products sold or distributed in Washington must have approved labeling and third-party certification, and be listed in the state’s database. The law applies to film bags, food service items, and other compostable goods, while exempting products made from wood or over 98% fiber (with no plastic additives). The law also bans terms like “biodegradable” or “degradable,” and restricts certain colors for non-compostable film bags.

Requirements include:

• Meet scientific standard ASTM D6400, D6868, D8410, ISO17088, EN13432 or another similar standard for composting in industrial settings.
• Have a logo from a third-party certifier.
• Labeled with the word “compostable,” where possible.
• Uses green, beige, or brown labeling, color striping, symbols, tinting, marks, or other design patterns.
• Listed on a producer’s declaration of compliance

Phased legislation, starting February 1, 2023. In 2018, Washington state approved ESHB 2658 to prohibit PFAS in food packaging. According to the definitions in the law, food package means ‘a package or packaging component that is intended for direct food contact and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.’ This law was rectified after further analysis into safer alternatives, and effective dates determined accordingly.

*DOE expects to begin enforcing the restrictions on PFAS-containing food packaging from those dates