Foam Phase-out Going into Full Effect
June 10, 2026 |
Beginning July 1, 2026, all restaurants and food vendors in Virginia must stop serving prepared foods in Expanded Polystyrene — or foam — containers and cups.
Legislation passed in 2021 outlaws foam from Virginia restaurants and any establishment that provides prepared food for public consumption on or off its premises.
This applies to:
- Restaurants
- Stores
- Shops
- Sales outlets
- Grocery stores
- Supermarkets
- Delicatessens
- Catering trucks or vehicles
- Any other person who provides prepared food
- Any individual, organization or group that regularly provides food as a part of its services
- Any state or local government entity that regularly provides food as a part of its services
This is the second part of the law to take effect. The first part went into effect July 1, 2025, and required stores with 20 or more locations (mostly chains) to quit using foam.
Enforcement of the law is up to local governments where violations occur. Violations may result in a civil penalty.
Why the change?
According to the Virginia Department of Environmental Quality, Expanded Polystyrene (aka foam) is primarily made from styrene, a possible carcinogen. Chronic exposure to high amounts of styrene for extended periods can cause injury to the nervous systems.
In addition to health concerns, foam frequently litters waterways and roadsides. It doesn’t biodegrade, and it’s not easy to recycle. Once foam gets into natural areas, it breaks down into smaller and smaller pieces, making cleanup difficult.
Animals often mistake foam for food.
During the 2024 International Coastal Cleanup, 2,500 pieces of foam were picked up along Virginia beaches and waterways in a single day.
“The phase-out of foam takeout containers protects consumers from harmful chemicals that can leach into food and drinks, while preventing these persistent pollutants from littering our beaches, harming wildlife, and contaminating our waterways,” said Joseph Barnes, marine debris prevention specialist at Clean Virginia Waterways, an environmental nonprofit.
Foam-free resources
Joseph Barnes promotes the foam phase-out at a meeting of the Virginia Green Travel Alliance.
As businesses shift away from EPS foam, Clean Virginia Waterways is encouraging the adoption of plastic-free alternatives such as compostable clamshells. The organization has developed a foam-free resources webpage at www.cleanvirginiawaterways.org/foam-phase-out
They are even offering to send foam-free container samples to restaurants so businesses can explore their options.
“We do acknowledge that a wash and refill or reuse system is the best, and in many times, the most economic option,” Barnes said. “For businesses who do not have that option, we offer foam-free supply kits to show which sustainable materials are on the market. It gives businesses an opportunity to see firsthand, for free, what our local composters recommend and if it would work for their daily operations.”
The sample kits include:
- Cups with lids
- Plates
- Bowls
- Takeout clamshells
- Takeout boxes
Kits are available by request and while supplies last.
Clean Virginia Waterways also offers a sticker campaign and digital toolkit for restaurants to educate customers about the product change. Find all CVW resources at www.cleanvirginiawaterways.org/foam-phase-out.
Note: Central Virginia’s purple cart food scrap drop-off accepts certified compostable containers with specific logos only. Visit the program’s webpage for details.
For more information about the Virginia foam ban legislation and other resources, visit DEQ’s Foam-Free Resources page.
Category: News