Oregon's Expanded Polystyrene and PFAS-Containing Foodware Container Ban (SB 543): Practical Operation Following the January 2025 Effective Date
ENFORCEMENT TIMELINE
Effective January 1, 2025 (ban on expanded polystyrene and PFAS-containing food containers)
Overview
Oregon's SB 543 (enacted 2023, effective January 1, 2025) covers three distinct areas of regulation. First, it prohibits food vendors from providing or selling prepared food in expanded polystyrene foam (commonly known as Styrofoam) containers. Second, it prohibits the sale and distribution of expanded polystyrene foam containers and packing peanuts themselves. Third, it prohibits the sale and distribution of foodware containers containing intentionally added PFAS.
The definition of foodware containers is broad, covering bowls, plates, cups, lids, clamshell containers, and similar items used to serve or store prepared food, including takeout and leftovers. Food vendors in violation face fines of up to $100 per day, while businesses that sell or distribute PFAS-containing containers, foam containers, or packing peanuts face fines of up to $500 per day. Expanded polystyrene used as protective packaging during storage or transport, or as a food transport tray, is exempted from the ban.
Enforcement Timeline
2023: SB 543 is enacted
January 1, 2025: SB 543 takes effect, covering the foam foodware ban, the foam container/packing peanut sales ban, and the PFAS-containing foodware container ban
Business Impact
Food vendors and foodware/packaging suppliers operating in Oregon must ensure they have fully transitioned away from expanded polystyrene foodware containers and packing peanuts, and away from PFAS-containing foodware containers of any material, given that the law has been in effect since January 1, 2025 and enforcement carries daily fines that accrue separately for food vendors versus upstream sellers and distributors.