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

Introduced By

Del. Betsy Carr (D-Richmond) with support from 8 copatrons, whose average partisan position is:

Those copatrons are Del. Kaye Kory (D-Falls Church), Del. Paul Krizek (D-Alexandria), Del. Mark Levine (D-Alexandria), Del. Alfonso Lopez (D-Arlington), Del. Kathleen Murphy (D-McLean), Del. Ken Plum (D-Reston), Del. Lee Ware (R-Powhatan), 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 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. Read the Bill »


03/18/2021: signed by governor


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
01/18/2021Impact 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
02/05/2021Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally)
02/16/2021Reported from Agriculture, Conservation and Natural Resources (8-Y 7-N) (see vote tally)
02/17/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/18/2021Read third time
02/18/2021Passed by for the day
02/19/2021Read third time
02/19/2021Passed by temporarily
02/19/2021Reading of amendments waived
02/19/2021Amendments by Senator Petersen agreed to
02/19/2021Engrossed by Senate as amended
02/19/2021Passed Senate with amendments (21-Y 16-N)
02/19/2021Senate amendments rejected by House (1-Y 93-N)
02/19/2021VOTE: REJECTED (1-Y 93-N)
02/19/2021Senate insisted on amendments (37-Y 0-N)
02/19/2021Senate requested conference committee
02/19/2021House acceded to request
02/19/2021Conferees appointed by House
02/19/2021Delegates: Carr, Lopez, Ware
02/19/2021Conferees appointed by Senate
02/19/2021Senators: Marsden, Petersen, Stuart
02/24/2021C Amended by conference committee
02/24/2021Conference report agreed to by Senate (24-Y 15-N)
02/24/2021Conference report agreed to by House (57-Y 39-N)
02/24/2021VOTE: Agreed To (57-Y 39-N)
02/26/2021Bill text as passed House and Senate (HB1902ER)
02/26/2021Signed by Speaker
02/27/2021Signed by President
03/01/2021Impact statement from DPB (HB1902ER)
03/01/2021Enrolled Bill communicated to Governor on March 1, 20201
03/01/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/18/2021G Approved by Governor-Chapter 262 (effective 7/1/21)
03/18/2021G Acts of Assembly Chapter text (CHAP0262)