Expanded polystyrene food service containers; prohibition, civil penalty. (HB1902)

Introduced By

Del. Betsy Carr (D-Richmond) with support from co-patrons Del. Kaye Kory (D-Falls Church), Del. Paul Krizek (D-Alexandria), Del. Ken Plum (D-Reston), Del. Lee Ware (R-Powhatan), and Sen. Ghazala Hashmi (D-Midlothian)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020. Read the Bill »


01/20/2021: In Committee


01/08/2021Prefiled and ordered printed; offered 01/13/21 21100816D
01/08/2021Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/13/2021Reported from Agriculture, Chesapeake and Natural Resources (15-Y 7-N) (see vote tally)
01/15/2021Read first time
01/18/2021Engrossed by House as amended
01/18/2021Impact statement from DPB (HB1902)
01/18/2021Read second time
01/18/2021Amendment by Delegate Carr agreed to
01/18/2021Engrossed by House as amended HB1902E
01/18/2021Printed as engrossed 21100816D-E
01/19/2021Impact statement from DPB (HB1902E)
01/19/2021Read third time and passed House (58-Y 40-N)
01/19/2021VOTE: Passage (58-Y 40-N) (see vote tally)
01/20/2021Constitutional reading dispensed
01/20/2021Referred to Committee on Agriculture, Conservation and Natural Resources

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