Ban of foam food containers, packing peanuts and coolers heads to Oregon governor's desk

 

SALEM, Ore. – A bill to ban common Styrofoam items including food containers is headed to Oregon Gov. Tina Kotek’s desk for her signature, one of two pieces of legislation aimed at reducing plastic pollution in the state.

Senate Bill 543 would phase out polystyrene foam dishware, packing peanuts and coolers, and will prohibit the use of PFAS, the so-called “forever chemicals,” in food packaging. It takes effect Jan. 1, 2025.

Senate Bill 545 directs the Oregon Health Authority to update the state’s health code to make it easier for restaurants to provide reusable containers to customers, effective no later than June 30, 2024.

"Products that have a 'forever' impact on our planet, like polystyrene foam, which doesn't biodegrade, and PFAS forever chemicals that build up in our bodies and environment, should be eliminated," said state Sen. Janeen Sollman, D-Hillsboro, who sponsored both bills.

“As we move away from these wasteful and harmful plastic products, we should make it easier for Oregon businesses to offer reusable options to help make the zero-waste future we are working to build a reality," Sollman said.

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Bill bans polystyrene foam containers

SB 543 prohibits restaurants and other food vendors from selling prepared food in polystyrene foam containers.

It also prohibits the sale of polystyrene foam containers or packing peanuts, as well as food ware containing PFAS, in the state.  

Polystyrene is commonly used for cups, plates and takeout containers. Products made with polystyrene are hard to recycle, and can break into small pieces that scatter in the wind.

Plastic foam is not accepted in curbside recycling and is one of the top items found polluting Oregon's beaches.

Since 2019, Colorado, Maine, Maryland, New Jersey, New York, Vermont, Virginia and Washington have enacted polystyrene prohibitions.

What are PFAS?

PFAS, or per- and poly-fluorinated substances, are referred to as “forever chemicals,” because they don’t break down in the environment or human body. They are used in food packaging to repel grease.

Growing evidence points to their negative health effects, including cancer, high cholesterol, reproductive and thyroid problems and immune suppression.

Penalties up to $500

The Oregon legislation creates penalties of up to $100 per day for serving food in foam containers, and up to $500 per day for selling or distributing foam containers or peanuts, or food ware containing PFAS.

SB 543 House vote results

On Wednesday, the bill passed the House by a vote of 40 to 18. It previously had passed the Senate 20 to nine.

Reusable containers

In February, the Oregon Department of Agriculture adopted new rules allowing grocery stores and other retailers to offer reusable containers and refill systems.

SB 545 would have required such a move if the rules had not been adopted.

The bill, as amended, will make it easier for restaurants to do the same.

The practices aren’t allowed under U.S. Food and Drug Administration rules, which Oregon adopted, because of the potential for cross-contamination with pathogens or allergens.

Pressure to change state regulations began mounting following China’s decision in January 2018 to stop allowing many items from the U.S. to be imported for recycling.

Calls for a rule change intensified after the state cracked down on a program at First Alternative Co-op in Corvallis, which had for years been washing containers returned by customers and offering them for reuse.

On Wednesday, the bill passed the House by a vote of 39 to 17. It previously had passed the Senate 19 to eight.

"Nothing we use for just a few minutes should pollute the environment for hundreds of years," Environment Oregon state director Celeste Meiffren-Swango said. "The two bills passed by the Oregon Legislature … will help Oregon eliminate toxic and wasteful products, shift away from our throwaway culture and build a future where we produce less waste.”

The bills also were sponsored by Sen. Michael Dembrow, D-Portland, and Rep. Maxine Dexter, D-Portland.