Styrofoam cups are effectively illegal in California. Since January 1, 2025, producers cannot sell, distribute, or import expanded polystyrene (EPS) food service ware — including cups — into the state unless EPS hits a 25% recycling rate. That rate has never been met, and CalRecycle confirmed in August 2025 that it still hasn’t been reached for the most recent reporting year.1CalRecycle. EPS Recycling Rate Demonstration Notice August 2025 The result is a functional statewide ban.
How the Ban Actually Works
The restriction comes from Senate Bill 54, signed in 2022. Rather than outlawing EPS cups directly, the law set a condition: producers could keep selling EPS food service ware in California only if they proved a 25% recycling rate by January 1, 2025. Nobody met the standard, so the restriction kicked in automatically.2CalRecycle. Expanded Polystyrene Food Service Ware Requirements
CalRecycle reassesses the recycling rate every year. In theory the restriction could lift if producers ever demonstrate 25%. EPS recycling infrastructure barely exists, so that isn’t expected any time soon.
Which Styrofoam Products Are Covered
The ban targets EPS food service ware. Under the statute, that means cups, plates, bowls, trays, clamshells and hinged containers, and lidded containers and their lids.
Plenty of EPS products fall outside the ban. Packing peanuts, void-fill shipping material, sports equipment, ice chests, and household insulation are not restricted by the state law.2CalRecycle. Expanded Polystyrene Food Service Ware Requirements Some cities go further and ban foam coolers or packing materials on top of the state rules, but SB 54 draws its line at items used to serve food and drinks.
One point worth clearing up: AB 1200, a separate 2022 law, is sometimes described as applying to Styrofoam. It doesn’t. AB 1200 restricts PFAS chemicals in plant-based fiber food packaging like paper and paperboard.3California Department of Toxic Substances Control. Food Packaging Containing Perfluoroalkyl or Polyfluoroalkyl Substances It has no bearing on Styrofoam cups.
Who the Law Applies To
SB 54 restricts “producers,” a defined term covering manufacturers, brand owners, trademark licensees, and businesses that sell or distribute EPS food service ware. Restaurants and retailers that merely use products they bought from a producer may not qualify as producers themselves and aren’t directly subject to the state restriction.2CalRecycle. Expanded Polystyrene Food Service Ware Requirements
In practice, that distinction fades quickly. Because producers can no longer legally supply EPS cups in California, supply is drying up. CalRecycle acknowledges consumers may still encounter EPS cups in some stores or restaurants using leftover stock, but any producer still actively selling or distributing them faces enforcement.
Local City Bans That Go Further
Long before SB 54, California cities had their own polystyrene rules. San Francisco banned EPS food service ware in 2007, one of the first major U.S. cities to do so.4San Francisco Environment Department. Food Service and Packaging Waste Reduction Ordinance Los Angeles, San Diego, Oakland, Berkeley, and Santa Monica followed with versions of their own.
Those local ordinances still apply alongside the state law, and some reach further. A city ban may cover coolers, packing peanuts, and foam packaging that the state ban doesn’t touch. Local rules also often apply directly to restaurants and food vendors, closing the gap left by SB 54’s producer-focused enforcement. If you operate a food business in California, check both state and city rules. The stricter one controls.
Exemptions
SB 54 offers essentially one escape valve at the state level: if EPS producers ever demonstrate a 25% recycling rate, the restriction lifts. There is no hardship waiver, medical exemption, or ceremonial carve-out under the state law.
Cities can be more flexible. Several offer financial hardship waivers for small businesses that can document a genuine economic burden from compliance, usually granted case by case with written support.5City of Santa Barbara. Expanded Polystyrene (EPS) Ban Fact Sheet Some local ordinances also exempt food prepared and packaged outside city limits and then sold within them.
Penalties for Selling Styrofoam Cups
State penalties are steep. CalRecycle can fine noncompliant producers up to $50,000 per day per violation, with a $25,000 daily cap for smaller entities. Penalties don’t begin accruing until 30 days after a producer receives a notice of violation, giving a short compliance window.6California Legislative Information. SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act The California Attorney General can also pursue violations under the state’s Unfair Competition Law, which carries civil penalties of up to $2,500 per violation.7State of California – Department of Justice – Office of the Attorney General. Attorney General Bonta Issues Reminder on EPS Foam Food Service Ware Ban in California
Local penalties run separately and vary. San Francisco, for example, fines businesses between $100 and $500 for using prohibited foam food service ware, typically after a warning and grace period.8San Francisco Environment Department. San Francisco Food Service and Packaging Waste Reduction Law FAQ Cities usually assign inspections to health departments or code enforcement officers, often as part of routine sanitation checks.
To report a business you see using banned Styrofoam, CalEPA runs a centralized online complaint portal that routes reports to the appropriate state or local agency. You can file anonymously.9California Environmental Protection Agency. About the Environmental Complaint System
What to Do With Leftover Stock
If you’re a restaurant or retailer sitting on EPS cups purchased before the ban, using them up isn’t a safe strategy. Many city ordinances prohibit use of Styrofoam food service ware regardless of when it was bought, so local rules can bite even where the state producer-focused restriction wouldn’t. Continuing to buy from a noncompliant producer puts you in a gray area that isn’t worth the exposure.
Paper, molded fiber, and certified compostable alternatives are the practical replacements. They cost more per unit than EPS did, though the gap has narrowed as California demand has grown and more suppliers have entered the market.