The Friendly City is going Foam-Free!

In 2021, the Virginia General Assembly passed a law banning expanded polystyrene (EPS) food containers. These single-use foam containers, also known as “Styrofoam,” are being phased out because they are harmful to our health, our communities, and our environment.

The foam ban applies to any food vendor, which is defined as any establishment that provides prepared food for public consumption on or off its premises and includes restaurants, delis, cafeterias, food trucks, caterers, takeaway/to-go establishments, grocery store salad bars and hot food sections, schools, and any individual, organization, group, or state or local government entity that regularly provides food as a part of its services.

The ban does not apply to:

  • packaging for unprepared foods, such as raw or uncooked meat, fish, or eggs, or;
  • packaging used in the shipment of food, such as a cooler.

How to Go Foam Free

  • Step One: Clear Out Your Stock
    • Finish using any remaining Styrofoam containers before July 1, 2026.
  • Step Two: Choose Sustainable Packaging Alternatives
Request an Exemption

The City’s exemption will be valid for one (1) year following approval of an exemption. The food vendor may elect to request additional waivers, but per state law must reapply prior to the expiration of the previous exemption. The City will provide an Approved Exemption Certificate that the business must display in a manner that is visible at the point of sale. The Certificate must be visible to patrons of the establishment as well as City staff. 

Apply for Exemption by filing out the PDF linked below and email the completed form to PublicWorks@harrisonburgva.gov  

Exemption Form - English

Exemption Form - Español 

Please email PublicWorks@HarrisonburgVA.gov if you need the exemption form provided to you in an additional language.

Report a Violation

Residents who wish to report a business in violation of the foam ban may email PublicWorks@HarrisonburgVA.gov. Please note that certain food establishments may not be in violation if they have been granted an exemption.

 

Why Does This Matters?

According to the Virginia Department of Environmental Quality, Styrofoam is primarily made from styrene, a chemical linked to cancer and nervous system damage. Hot, oily, or acidic foods increase the likelihood of these chemicals leaching into your food. When foam burns it releases a other dangerous fumes that can cause respiratory and neurological effects.

Foam containers frequently litter waterways and roadsides and are often mistaken by animal for food. Foam never biodegrades and less than 1% is currently being recycled. Once foam gets into natural areas, it breaks down into smaller and smaller pieces, making cleanup difficult and posing a risk to public health.

Frequently Asked Questions:

If I, as a food vendor, purchase food service containers through a distributor, am I or the distributor responsible for remaining compliant with the ban?

The food vendor is responsible and shall not dispense prepared food to a customer in an expanded polystyrene food service container. If the ban imposes an undue economic hardship on the food vendor, they should request an exemption from the City.

What is considered prepared food?

Prepared food means a food or beverage prepared for consumption on or off a food vendor's premises, using any cooking or food preparation technique.

Prepared food does not include raw or uncooked meat, fish, or eggs provided without further food preparation.

What are alternatives to EPS containers?

Many similarly priced alternatives are available. You may consider factors such as cost, compostability, and recyclability, depending on facilities available in our area. Options may include:

  • Reusable Containers
  • Paper Products (virgin or recycled paper, plant fibers such as bagasse, bamboo, or wheat straw)
  • Recyclable Plastic (polyethylene terephthalate, or PET)
  • Foil or Metal

 

Additional Resources:

 

 

 

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Public Works