Packaging rule · United States · Ban
Oregon polystyrene foam and PFAS foodware ban (SB 543)
Ban covering plastic in Oregon, United States, set by Oregon Legislature / Oregon DEQ. Applies since 1 January 2025.
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 · Oregon
- Authority
- Oregon Legislature / Oregon DEQ
- Rule type
- Ban
- Materials
- Plastic
- Status
- In force Enacted
- Adopted or published
- 1 January 2025
- Applies from
- 1 January 2025
From the source“No, business may not use or sell prohibited materials after Jan. 1, 2025.”
Official source Oregon DEQ: Foodware Containers and Polystyrene FoamOfficial (government or regulator) · consulted 13 October 2026
Key dates
Adopted or published 1 year and 9 months ago
Applies from 1 year and 9 months ago
Source consulted by the SPI team 2 days ago
Re-checked by a second SPI team member 2 days ago
What it means
SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.
SPI summary
From 1 January 2025 Oregon food vendors may not use polystyrene foam containers for prepared food, and businesses may not sell polystyrene foam containers, foam packing peanuts, or foodware containers with intentionally added PFAS.
In practice
Since 1 January 2025, Oregon food vendors may not use polystyrene foam containers for prepared food, and businesses may not sell polystyrene foam containers, foam packing peanuts, or foodware containers with intentionally added PFAS. Foodservice packaging suppliers and brand owners need foam-free formats and evidence that fibre or other foodware has no intentionally added PFAS. DEQ states that existing inventory was not grandfathered and that it cannot grant exemptions.
Where the record is unclear
- DEQ's page does not define 'food vendor' or 'polystyrene foam' and does not describe penalties or enforcement; SPI did not review the statute text.
- Whether trays for raw meat or manufacturer-sealed packaged food are covered is not addressed on DEQ's 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.
Overview
SB 543, "Relating to prohibitions for certain products", became Chapter 73, Oregon Laws 2023, with its prohibitions operative from 1 January 20254. It is codified at ORS 459.465 to 459.477: definitions in 459.465, the food vendor use ban in 459.468, the sale ban on foam containers and packing peanuts in 459.471, the PFAS foodware ban in 459.474 and DEQ's rule power in 459.47712.
The law pairs two restrictions with different targets. The foam rules address a single-use format, while the PFAS rule addresses a chemistry: any foodware container used to serve or hold prepared food is caught if PFAS were intentionally added, including durable items in some circumstances (ORS 459.474)1. DEQ describes PFAS as emerging contaminants, used since the 1940s, that are mobile in water and can persist for centuries depending on the compound1.
The Legislative Policy and Research Office summary adds that single-use polystyrene coolers are also covered, while reusable coolers with a solid shell and containers used only to store or ship unprepared ingredients fall outside the foam container definition3. DEQ states that no industry is exempt and that it has no authority to grant exemptions, and that existing inventory was barred from use or sale after 1 January 202512.
Who must do what
Food vendor (stores, restaurants, delis, carts and food trucks)
Any person selling or distributing in or into Oregon
Are you in scope?
Work through each question. The answers are the SPI team's reading of the sources cited.
Do you sell or offer prepared food to the public, from a store, restaurant, deli, cart or vehicle?
- If yes
- You are a food vendor under SB 5433.
- If no
- The vendor use ban does not apply, but the sale bans may.
Is the food or beverage ready to eat without further preparation?
Is the polystyrene item packing peanuts?
Were PFAS intentionally added to a container used to serve or hold prepared food?
- If yes
- Sale and distribution are banned, durable items included in some circumstances (ORS 459.474)1.
- If no
- The PFAS rule does not apply.
Is the food-contact item used for another purpose, such as food preparation?
- If yes
- Outside the PFAS restriction1.
- If no
- Apply the prepared food test.
Compliance checklist
Clear foam from Oregon channels
By Now (in force since 1 January 2025)SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Remove foam foodware, foam packing peanuts and single-use polystyrene coolers from any stock sold or used in Oregon; inventory bought before 2025 is not grandfathered23.
Evidence to keep Stock audit by location.
Get PFAS declarations for prepared-food packaging
By NowFor each fibre, paper or other container that holds prepared food, obtain a supplier statement that no PFAS were intentionally added (ORS 459.474)1.
Evidence to keep Signed supplier declarations per SKU.
Classify durable foodware
By NowCheck durable plates and containers used to serve prepared food, which can be covered when PFAS were intentionally added1.
Evidence to keep List of durable items with PFAS status.
Separate prepared and unprepared food uses
By NowContainers used only to store or ship unprepared ingredients fall outside the foam definition, so record which uses rely on that3.
Evidence to keep Use mapping per container type.
Align with Washington specifications
By At the next tenderWashington's RCW 70A.245.070 ban has explicit raw meat, produce and egg carton exemptions that Oregon's DEQ does not state, so one specification for both states should follow Oregon15.
Evidence to keep Joint specification with the state test applied.
Enforcement and penalties
- Who enforces
- Oregon Department of Environmental Quality
- Powers
- DEQ may impose civil penalties under SB 543; DEQ's own pages do not set out enforcement procedures13.
- Enforcement so far
- No enforcement actions are reported on DEQ's foodware page as of 14 October 20261.
Penalties
| Breach | Penalty | Legal basis |
|---|---|---|
| Food vendor using a polystyrene foam container for prepared food | up to USD 100 per day | SB 543 (Oregon Laws 2023, chapter 73), as summarised by the Legislative Policy and Research Office3 |
| Selling or distributing foam containers, packing peanuts or PFAS foodware | up to USD 500 per day | SB 543 (Oregon Laws 2023, chapter 73), as summarised by the Legislative Policy and Research Office3 |
Because penalties accrue per day, the higher USD 500 daily ceiling for sellers and distributors weighs most on wholesalers holding foam or PFAS lines3.
How it fits with other rules
- Washington expanded polystyrene foam ban PR-US-012
Washington's ban, in force since 1 June 2024, expressly exempts packaging for raw meat, seafood, produce and egg cartons5, while DEQ says Oregon's law exempts no industry1. Washington caps penalties at USD 250 and USD 1,000 per violation; Oregon's run per day35. - California EPS food service ware sales restriction (SB 54) PR-US-005
California restricts EPS food service ware under SB 54; Oregon adds a PFAS ban on prepared-food foodware (ORS 459.474)1, so a West Coast specification must clear both foam and PFAS tests. - Oregon Plastic Pollution and Recycling Modernization Act (SB 582) PR-US-002
Oregon's packaging EPR law runs alongside this ban. Foam food containers removed under ORS 459.468 and 459.471 are formats producers can no longer place in Oregon, which narrows the material mix they report under EPR1. - PPWR: PFAS limits in food-contact packaging PR-EU-002
The EU rule sets PFAS limits for food-contact packaging; Oregon's test is whether PFAS were intentionally added to prepared-food foodware1, which turns on supplier formulation records. A shared EU and Oregon specification has to satisfy both tests.
Questions
Is polystyrene foam takeout packaging banned in Oregon?
Does Oregon's PFAS ban cover all food packaging?
It covers foodware containers used to serve or hold prepared food where PFAS were intentionally added, including durable items in some circumstances, under ORS 459.474. Items used for other purposes, such as food preparation, are outside it, and the ban has applied since 1 January 20251.
What are the penalties under SB 543?
The Legislative Policy and Research Office gives up to USD 100 per day for a food vendor using foam containers and up to USD 500 per day for selling or distributing foam or PFAS foodware. DEQ imposes the penalties3.
Can a business get an exemption from DEQ?
Are polystyrene shipping materials other than peanuts covered?
No. Polystyrene used solely to pack or protect items during storage, shipping or transport is outside the ban under ORS 459.465, while foam packing peanuts have been banned since 1 January 20251.
Definitions
- Food vendor
- A business, organisation or person that sells or offers prepared food to the public, including stores, restaurants, delis, carts and vehicles (SB 543, per the LPRO summary)3.3
- Prepared food
- Food or beverage made for sale to the public that can be eaten immediately or without further preparation3.3
Sources for this analysis
- Oregon DEQ: Foodware Containers and Polystyrene Foam Regulator · Consulted 14 October 2026
- Oregon DEQ: Foodware Containers and Polystyrene Foam fact sheet Regulator · Consulted 14 October 2026
- Oregon Legislative Policy and Research Office: Senate Bill 543 fact sheet (29 August 2024) Official · Consulted 14 October 2026
- Oregon Legislature: SB 543 (2023 regular session) measure overview Official · Consulted 14 October 2026
- Washington State Legislature: RCW 70A.245.070, Expanded polystyrene prohibitions Official · Consulted 14 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.
Change history
Verified: a second SPI team member re-checked every fact above against the source on 13 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.
Verified by a second SPI team member
Added to the tracker
Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-US-013 and the source. Corrections are logged in this history.
Ban rules elsewhere
The same type of rule for the same materials in other jurisdictions, by the date it applies.
| Rule | Where | Type | Materials | Status | Applies from |
|---|---|---|---|---|---|
| Ban on plastic carrier bags and flat bagsPR-KE-001 | Kenya | Ban | Plastic | In force | 28 August 2017 |
| Ban on identified single-use plastic itemsPR-IN-004 | India | Ban | Plastic, Single-use plastic | In force | 1 July 2022 |
| Plastic phase-outs (stages 1 and 2)PR-NZ-001 | New Zealand | Ban | Plastic, Single-use plastic | In force | 1 October 2022 |
| Gradual ban on single-use plastic products (Law 2232 of 2022)PR-CO-002 | Colombia | Ban | Plastic, Single-use plastic | In force | 7 July 2024 |
| Dubai single-use products regulation, final phasePR-AE-001 | Dubai, United Arab Emirates | Ban | Plastic, Single-use plastic | In force | 1 January 2026 |
| Stage 3 plastic phase-out (PVC and polystyrene food and drink packaging)PR-NZ-002 | New Zealand | Ban | Plastic | Proposed | – |
| Opinions on Further Strengthening Plastic Pollution Control (NDRC/MEE 2020 No. 80)PR-CN-001 | China | Ban | Plastic, Single-use plastic | In force | – |
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