Expanded Polystyrene Ban Now in Effect

As of June 1, 2023, the sale and distribution of expanded polystyrene void filling packaging products, which means loose fill packaging material, also referred to as packing peanuts, in or into Washington state is prohibited. It is the first step the state’s government has taken in a broader crusade to ban the sale and distribution of several types of expanded polystyrene within the states borders.

This ban applies to all manufacturers and distributors of EPS in or into Washington.

Manufacturers include any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that:

• Produces the products covered under this ban, or
• Imports or distributes these products covered under this ban for sale in or into Washington.

Distributors are any entity that markets, sells, or provides an EPS product as part of a transaction, promotion, or distributions of goods. Examples of distributors include:

• Shipping and packaging establishments
• Small businesses who ship or package goods
• Retail, grocery, and convenience stores
• Restaurants or establishments offering take-out or delivery food or goods
• Temporary stores or vendors, like farmers markets or event vendors
• Health care, correctional, and institutional cafeterias, like schools.

Businesses are not permitted to use up existing inventory now that the ban has gone into effect.

Exempt items:

• Block EPS packaging material
• Trays and packaging for raw, uncooked, or butchered meat, fish, poultry, or seafood, vegetables, fruit
• Egg cartons
• EPS containers for drugs, medical devices, and biological materials or shipping perishable commodities from a wholesale or retail establishment

It is important that Mason County businesses begin to look ahead and plan for the future, as more stringent policy regarding expanded polystyrene is set to come down the pipe in 2024. Food service products like containers, plates, bowls, clam shells, trays, and cups will all be banned starting in June of next year.

To help you prepare, the Department of Ecology has provided a reference guide containing a list of items that are considered to be alternative options to expanded polystyrene products: https://fortress.wa.gov/ecy/ezshare/SWM/EPS/EPSAlternativesList_NYStatePub.pdf

Those with further inquiries may contact:

Lauren DiRe, Waste Reduction and Recycling Specialist
lauren.dire@ecy.wa.gov
(509) 202-6946