Polystyrene Food Container Ban
On July 1, 2026, all Virginia Beach food vendors must comply with state law to ban expanded polystyrene use for prepared foods.
Virginia’s Expanded Polystyrene (Styrofoam) Ban: Key Information and Online Resources
In 2021, the Commonwealth of Virginia adopted a law that bans the use of food containers across the state made of expanded polystyrene (EPS), commonly known as Styrofoam. The implementation took place in two stages:
- Phase I: By July 1, 2025, food vendors with 20 or more locations must discontinue the use of EPS containers.
- Phase II: By July 1, 2026, all remaining food vendors must meet the same requirement.
Foam takeout containers are widely used, but their non-biodegradable properties mean they occupy landfills minimally for 500 years, intensifying our waste and pollution crisis. EPS is consistently reported as one of the most common and problematic types of coastal litter. The goal of this law is to reduce long-lasting litter, supporting cleaner waterways, neighborhoods, and public spaces.
The law applies to food vendors, defined as restaurants, supermarkets, delis, food trucks, caterers, and any organization, such as schools, colleges, or government programs that regularly provide prepared food for public consumption. The ban targets EPS plates, bowls, trays, cups, and hinged containers used for prepared, ready-to-eat food.
It does not apply to packaging for raw or unprepared foods, or EPS products used for shipping, such as coolers.
This webpage provides guidance, online resources, and reporting mechanisms designed to help food vendors meet the new requirements and to enable residents and others to actively support compliance. We aim to protect public and environmental health and strengthen a well-informed, vibrant, and resilient food service community in Virginia Beach.
The law allows an option for food vendors to request an annual exemption from the local government where the food vendor is located. An exemption may be granted if the food vendor demonstrates that compliance would impose an undue economic hardship.
Apply for an Economic Hardship Exemption from the City of Virginia Beach
A food vendor would need to apply for an exemption for each location. A food vendor conducting business in more than one locality would need to apply for an exemption from the locality in which the business is physically located.
Reporting a Violation
If you would like to report a violation, please email the Virginia Department of Environmental Quality at VA-landr@deq.virginia.gov.