In 2023, the Oregon legislature passed Senate Bill 543, which bans many uses of polystyrene foam (commonly known by its brand name, Styrofoam) in the state. On January 1, 2025, that bill formally went into effect. The law has three primary targets: food vendors that package food into containers; entities that sell or distribute foam containers and packing peanuts; and entities that sell food containers containing added perfluoroalkyl or polyfluoroalkyl substances (PFAS).
The law’s principal focus is on eliminating polystyrene foam from “foodware containers,” a category which encompasses any item that can hold prepared food, including bowls, plates, cups, and clamshells. Any business, organization, or other person who sells prepared food—referred to in the law as “food vendors”—may no longer use polystyrene foam containers to sell, serve, or otherwise dispense prepared food to a consumer. As a practical matter, this would apply to the leftovers a person takes home after an in-restaurant meal; the take-out meal that is picked up from a restaurant or food cart; and the plates and cups used by a restaurant to serve meals to patrons.
The ban additionally extends beyond polystyrene foam to include any foodware container that has “intentionally added” PFAS substances, which could include some cardboard food boxes or cups coated with a plastic lining, or even some durable plastic containers. As of January 1, foodware containers with added PFAS may not be sold or distributed in or into Oregon. PFAS are a large group of chemicals used in many food-related contexts due to their ability to resist grease, oil, water, and heat. PFAS are often referred to as “forever chemicals” because they do not easily degrade and as such have become a ubiquitous environmental contaminant in the form of microplastics.
The final product category affected by the law is polystyrene foam containers and foam packaging peanuts. These items are no longer permitted to be sold or distributed in or into the state. Notably, however, this ban does not extend to other forms of polystyrene packaging, including foam used for the protection of items during storage, shipping, or other transportation, and foam trays used to store or ship an ingredient or food item.
Food vendors that violate the law by using foam containers will incur fines of up to $100 for each day of the violation. Entities or persons who violate the law by selling or distributing PFAS-added containers, foam packaging peanuts, or foam containers in or into Oregon will be subject to fines up to $500 for each day of the violation. The City of Portland outlawed polystyrene foam containers in 1990. In the decades since, dozens of local bans across the state and country have been implemented, and at least 12 states have now followed suit. Many international governments have also put an end to polystyrene foam, such as the European Union, Canada, Costa Rica, Norway, Peru, Taiwan, and Thailand, to name just a few.
