Virginia DEQ
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The Virginia General Assembly passed legislation in 2021 that will ban the use of Expanded Polystyrene (EPS) by food vendors. The EPS ban applies to any food vendor, which is defined as any establishment that provides prepared food for public consumption on or off its premises and includes a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck or vehicle; any other person who provides prepared food; and any individual, organization, group, or state or local government entity that regularly provides food as a part of its services.
The ban is also applicable to Virginia Schools. For more information, please see the memo from the Virginia Department of Education.
Currently the ban is to take effect in two phases: food vendors with 20 or more Virginia locations must stop using EPS containers by July 1, 2025, while all other food vendors must comply by July 1, 2026.
By law, localities may grant food vendors up to one year exemption for the EPS ban if they can demonstrate compliance with the ban would impose undue economic hardship. Food vendors granted an exemption can reapply to the locality before the exemption expires. Localities may then grant an additional exemption to vendors continuing to demonstrate the ban imposes undue economic hardship.
For anyone currently using EPS products in any industry, the legislation also discourages the sale and use of EPS products and encourages the promotion of alternatives to EPS.
EPS isn’t the best choice for people or the environment. It’s time to learn about and plan for alternatives.