California Attorney General Rob Bonta has issued an enforcement advisory to manufacturers of expanded polystyrene (EPS) food service ware, reminding them of the statewide ban on these products. The prohibition, which took effect on January 1, 2025, was triggered when producers failed to meet a required 25% recycling rate for EPS food service ware.
EPS is commonly used in disposable cups, plates, and takeout containers. Its lightweight and brittle nature makes it difficult to clean up once it enters the environment. There are alternative materials available that can replace EPS in most uses. California’s move is part of a broader trend; eleven other states and Washington D.C. have also enacted or are considering bans on certain EPS food service products.
“Banning EPS food service ware is a critical step in protecting our environment. By eliminating avoidable waste, we reduce plastic pollution and create a cleaner, healthier future for our communities,” said Attorney General Bonta. “That’s exactly what SB 54 does, and this letter is a reminder to EPS food service producers of the need to comply with this law, or we will hold them accountable for their violations.”
Senate Bill 54 (SB 54), authored by Senator Ben Allen (D-Santa Monica), aims to decrease single-use plastic packaging in California by requiring producers to recycle 65% of such materials by 2032 through the Extended Producer Responsibility program. Because the initial threshold was not met at the start of 2025, the law now prohibits the sale, distribution, or importation of EPS food service ware in California.
“SB 54 is advancing California toward a more robust circular economy through specified recyclability metrics for single-use plastic packaging and food ware,” said Senator Allen. “The law is clear – if your product cannot meet the required recycling rate, it cannot be sold in this state because of the harm it’s posing to our environment and public health. I am grateful for the actions Attorney General Bonta is taking to uphold our rule of law to protect the people of California.”
CalRecycle sent notices about the ban to EPS producers earlier in April and August 2025 but reports indicate that sales continue within California despite these warnings. Under SB 54, CalRecycle may issue violation notices and impose administrative civil penalties up to $50,000 per day per violation against non-compliant entities. If violations persist, the Attorney General can seek injunctions and further penalties under California’s Unfair Competition Law.
