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SPI Regulation Tracker

Packaging rule · United States · Ban

California EPS food service ware sales restriction (SB 54)

Ban covering plastic in California, United States, set by CalRecycle. Applies since 1 January 2025.

By the SPI teamRule ID PR-US-005Source consulted 14 October 2026Verified 14 October 2026
Sourced facts

The rule

Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.

Jurisdiction
United States · California
Authority
CalRecycle
Rule type
Ban
Materials
Plastic
Status
In force Enacted
Rate or target
25%Required EPS recycling rate as of 1 Jan 2025; required rates increase in later years.
Adopted or published
30 June 2022
Applies from
1 January 2025
From the source

“Statewide sales and distribution restrictions are in place as of January 1, 2025.”

Official source CalRecycle: EPS Food Service Ware RequirementsOfficial (government or regulator) · consulted 14 October 2026

Deadlines

Key dates

  1. Adopted or published 4 years and 3 months ago

  2. Applies from 1 year and 9 months ago

  3. Source consulted by the SPI team today

  4. Re-checked by a second SPI team member today

SPI analysis

What it means

SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.

SPI summary

Under SB 54, producers may not sell or distribute expanded polystyrene food service ware in California unless EPS meets a 25% recycling rate. The rate was not met, so restrictions apply statewide from 1 January 2025. Retailers, distributors and restaurants that are not producers are not subject to the restriction.

In practice

Because EPS did not reach the 25% recycling rate required by 1 January 2025, producers may not sell, offer for sale, distribute or import EPS food service ware in or into California. The restriction applies to producers as defined in PRC §42041(w), not to retailers, distributors or restaurants that are not producers. For foodservice packaging suppliers and brand owners this means substituting EPS cups, plates, bowls, clamshells, trays, containers and lids for California.

Where the record is unclear

  • CalRecycle says required recycling rates rise in later years but does not give the figures on the EPS page.
  • The producer definition in PRC §42041(w) is described by CalRecycle as complex and is not reproduced on the page.

Where it sits in the tracker

  • One of 13 packaging rules we track in the United States, of which 3 are ban rules.
  • In all, 17 ban rules are tracked across 11 jurisdictions. Compare them below

Company profiles that map to this rule

Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.

SPI analysis

Overview

PRC 42057(i), added by SB 54 (Chapter 75, Statutes of 2022), makes continued sale of expanded polystyrene food service ware in California conditional on a statewide recycling rate4. Producers had to show CalRecycle that all EPS covered material reached 25% by 1 January 2025, and the bar then rises to 30% from 2028, 50% from 2030 and 65% from 2032 and each year after2. The rate is measured across the state, not per product or per producer, as the weight recycled divided by the weight recycled plus the weight disposed2.

The 25% rate was not demonstrated. CalRecycle gave notice of the rate on 11 September 2024, and after the January 2025 determination sent follow-up notices to potential producers on 4 April and 6 August 202514. As a result producers may not sell, offer for sale, distribute or import EPS food service ware in or into California, and CalRecycle says this remained the position in 20262.

The definitions do much of the work. EPS is defined in PRC 42041(k), the single-use food service ware items in PRC 42041(e)(1)(B), and the producer in PRC 42041(w) and 14 CCR 18980.1.13. CalRecycle's 26 August 2026 guidance confirms that an owner or licensee of a branded or trademarked EPS item may be its producer, which brings private-label ranges within reach of the restriction3.

Duties

Who must do what

Owner or licensee of a branded or private-label EPS item

  • Stop selling, offering for sale, distributing or importing EPS food service ware in or into California while the required rate is not met (PRC 42057(i))3.
  • Check producer status under PRC 42041(w) and 14 CCR 18980.1.1, and any exemption under PRC 420603.

Manufacturer of EPS food service ware

  • Where it is the producer, apply the same restriction; producers may submit recycling data to CalRecycle at any time but must meet the rate in force when they submit2.

Importer into California

  • Do not import EPS food service ware into California as a producer; importing is listed alongside selling and distributing in PRC 42057(i)4.

Retailers, distributors and restaurants that are not producers

  • No direct restriction applies to non-producers, but CalRecycle asks them to review EPS use, consider alternatives and help identify the producer of a given item1.

CalRecycle

  • Review producers' recycling data, make the rate finding, notify potential producers and run the EPS Public Reporting System12.
Scope

Are you in scope?

Work through each question. The answers are the SPI team's reading of the sources cited.

  1. Is the item an EPS tray, plate, bowl, clamshell, lid, cup or hinged or lidded container?

    If yes
    It is EPS food service ware under PRC 42041(e)(1)(B) and 42041(k)3.
    If no
    Packing peanuts, void fill, craft foam, coolers and sports equipment are outside the restriction12.

  2. Is it a foam egg carton or a foam tray for raw meat?

    If yes
    CalRecycle's FAQ lists both as excluded from EPS food service ware2.
    If no
    Apply the item list above.

  3. Do you make the item, or own or license the brand or trademark on it?

    If yes
    You may be the producer under PRC 42041(w) and are restricted3.
    If no
    If you only sell or serve it, the restriction may not apply to you1.

  4. Could you qualify as a small producer, retailer or wholesaler exempt under PRC 42060?

    If yes
    PRC 42060 exempts some on size, revenue, retail locations and market share; check its terms before relying on it23.
    If no
    The restriction applies in full.

  5. Has CalRecycle found that all EPS covered material meets the current rate?

    If yes
    Sales could continue while the rate in force is met2.
    If no
    The restriction stays in place, as it has since 1 January 20252.
Checklist

Compliance checklist

  1. Settle producer status for each EPS line

    By Now

    SPI analysis of the official text. Not legal advice; confirm with the text or counsel. For each EPS item sold into California, record who manufactures it and who owns or licenses the brand, using PRC 42041(w) and 14 CCR 18980.1.13.

    Evidence to keep Item list with the producer named and the basis.

  2. Withdraw restricted items

    By Now (restricted since 1 January 2025)

    Stop California sales, offers, distribution and imports of the listed EPS items as producer4.

    Evidence to keep Delisting records and dated stock withdrawal.

  3. Audit private-label ranges

    By Now

    Retailers that own the brand on EPS cups or containers can be producers under the August 2026 guidance, so the retailer-is-exempt assumption does not hold for own-label items3.

    Evidence to keep Own-label EPS SKU list and supplier confirmations.

  4. Qualify replacement materials

    By Before relaunch

    CalRecycle does not endorse specific replacement materials, so substitutes need their own check against SB 54 recyclability rules2.

    Evidence to keep Material specification and recyclability assessment.

  5. Plan for the rising rate

    By 2028, 2030 and 2032

    Any return of EPS would need the statewide rate to reach 30%, 50% and then 65%2.

    Evidence to keep Dated review of CalRecycle rate findings.

Enforcement

Enforcement and penalties

Who enforces
CalRecycle, with the California Attorney General14
Powers
CalRecycle can take administrative action and seek civil penalties, and takes public reports through the EPS Public Reporting System1. It puts education and compliance assistance first and enforcement last2.
Enforcement so far
On 2 December 2025 the Attorney General's Environmental Justice and Protection Section sent an enforcement advisory to EPS food service ware producers, recommending they confirm they are not supplying covered items in California4.

Penalties

BreachPenaltyLegal basis
Selling, distributing or importing restricted EPS food service ware as a producerup to $50,000 for each violation, for each dayPublic Resources Code section 42081(a)4
Unfair competition claim brought by the Attorney Generalup to $2,500 per violationBusiness and Professions Code section 17200 et seq.4

The advisory pairs the SB 54 administrative penalty with the Unfair Competition Law, so a producer faces two enforcers for the same sale4. Because consumers may still see some EPS items supplied by non-producers, the public reports CalRecycle receives are a likely source of cases1.

Connections

How it fits with other rules

  • California SB 54 packaging EPR and permanent regulations PR-US-004
    The EPS restriction is one provision of the wider SB 54 programme, and EPS that is not food service ware remains covered material under the PRO scheme12. Producers who switch materials move the cost from a sales bar to PRO fees.
  • B.C. Single-Use and Plastic Waste Prevention Regulation PR-CA-005
    British Columbia's class B ban covers polystyrene foam egg cartons and gives foam raw-meat trays only until 1 July 20305. California's FAQ excludes both items from the EPS restriction2, so a carton or tray sold in both markets faces different rules.
  • Oregon polystyrene foam and PFAS foodware ban (SB 543) PR-US-013
    SPI analysis: Oregon bans polystyrene foam foodware outright, whereas California's restriction turns on a recycling rate and binds producers only1. A Pacific coast foodservice line therefore needs a separate analysis for each state.
Timeline

History of the rule

  1. SB 54 signed, adding the EPS rate condition in PRC 42057(i)4.

  2. CalRecycle gives notice of the EPS recycling rate requirement1.

  3. 25% rate deadline passes unmet; restriction applies statewide24.

  4. CalRecycle follow-up notice to potential producers4.

  5. CalRecycle notice that the rate has not been met14.

  6. Attorney General issues an enforcement advisory to EPS producers4.

  7. CalRecycle publishes private-label EPS compliance guidance3.

  8. Today

  9. Required EPS recycling rate rises to 30%2.

  10. Required rate rises to 50%2.

  11. Required rate rises to 65%, applying annually thereafter2.

Questions

Questions

Can restaurants in California still use EPS foam containers?

The SB 54 restriction binds producers, not restaurants that only use the items1. Since 1 January 2025 producers may not sell or distribute EPS food service ware into California, so supply is drying up even where use is not itself barred2.

What recycling rate would EPS need to reach?

The statewide rate had to be 25% from 1 January 2025. It rises to 30% from 2028, 50% from 2030 and 65% from 20322.

Is a retailer's own-label foam cup covered?

It can be. CalRecycle's 26 August 2026 guidance says an owner or licensee of a branded or trademarked EPS item may be the producer, which covers private-label items3.

Are foam egg cartons and meat trays restricted?

No. CalRecycle's FAQ excludes egg cartons and foam trays for raw meat from EPS food service ware, along with coolers and craft foam2. The restricted items are trays, plates, bowls, clamshells, lids, cups and hinged or lidded containers.

What penalties can a producer face?

Each day of a breach can cost up to $50,000 per violation under PRC 42081(a). In its December 2025 advisory the Attorney General also pointed to Unfair Competition Law penalties capped at $2,500 for each violation4.

Glossary

Definitions

EPS food service ware
Expanded polystyrene as defined in PRC 42041(k) used for single-use food service ware items under PRC 42041(e)(1)(B): trays, plates, bowls, clamshells, lids, cups and hinged or lidded containers3.3
Recycling rate
For EPS, the statewide weight recycled divided by the weight recycled plus the weight disposed, across all EPS covered material2.2
Producer
Defined in PRC 42041(w) and 14 CCR 18980.1.1; for EPS items CalRecycle reads it to include an owner or licensee of the brand or trademark3.3
Sources

Sources for this analysis

  1. CalRecycle: EPS Food Service Ware Requirements Regulator · Consulted 14 October 2026
  2. CalRecycle: EPS food service ware frequently asked questions Regulator · Consulted 14 October 2026
  3. CalRecycle: Compliance guidance for owners or licensees of private-label EPS food service ware (26 August 2026) Regulator · Consulted 14 October 2026
  4. California Attorney General: Enforcement advisory to producers of EPS food service ware under SB 54 (2 December 2025) Official · Consulted 14 October 2026
  5. BC Laws: Single-Use and Plastic Waste Prevention Regulation, B.C. Reg. 254/2023 Official · Consulted 14 October 2026
  6. CalRecycle: Packaging EPR (SB 54) Consulted 13 October 2026

Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.

Audit trail

Change history

Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.

  1. Verified by a second SPI team member

  2. Changed: SPI summary

  3. Verified by a second SPI team member

  4. Added to the tracker

Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-US-005 and the source. Corrections are logged in this history.

Other jurisdictions

Ban rules elsewhere

The same type of rule for the same materials in other jurisdictions, by the date it applies.

RuleWhereTypeMaterialsStatusApplies from
Ban on plastic carrier bags and flat bagsPR-KE-001KenyaBanPlasticIn force28 August 2017
Ban on identified single-use plastic itemsPR-IN-004IndiaBanPlastic, Single-use plasticIn force1 July 2022
Plastic phase-outs (stages 1 and 2)PR-NZ-001New ZealandBanPlastic, Single-use plasticIn force1 October 2022
Gradual ban on single-use plastic products (Law 2232 of 2022)PR-CO-002ColombiaBanPlastic, Single-use plasticIn force7 July 2024
Dubai single-use products regulation, final phasePR-AE-001Dubai, United Arab EmiratesBanPlastic, Single-use plasticIn force1 January 2026
Stage 3 plastic phase-out (PVC and polystyrene food and drink packaging)PR-NZ-002New ZealandBanPlasticProposed–
Opinions on Further Strengthening Plastic Pollution Control (NDRC/MEE 2020 No. 80)PR-CN-001ChinaBanPlastic, Single-use plasticIn force–

Every ban rule in the tracker

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