Information regarding the styrofoam food container ban.
In 2021, the Virginia General Assembly passed a law banning the use of expanded polystyrene (EPS), more commonly known as Styrofoam, by food vendors across the state. The ban officially took effect on July 1, 2025 and applies to food vendors with over 20 locations in the state. Vendors operating fewer than 20 Virginia locations have an extension of one year and must comply by July 1, 2026.
This legislation is a major step in addressing plastic pollution, as EPS can take over 500 years to break down in the environment. The manufacturing process itself is hazardous due to the hydrocarbons released into the air that are linked to respiratory illnesses.
EPS is made from styrene, a possible carcinogen; exposure to large amounts of styrene for extended periods can negatively impact the nervous system. It also fragments into microplastics that are easily ingested by wildlife and have been linked to environmental contamination and human health risks.
Henrico County is supporting the enforcement of this state-mandated ban. The County’s Sustainability Division webpage provides information for vendors including a summary of the ban, implementation timeline, helpful resources, and an exemption form for businesses to demonstrate any undue burden caused by the implementation of the ban.
Eligible food vendors may apply for exemption to the Henrico County Sustainability Division under certain conditions. To be qualified a vendor must demonstrate that (1) it has “no reasonable alternative;” and that (2) compliance with the law will “cause significant economic hardship.”
By law, localities may grant food vendors up to a one-year exemption for the EPS ban. The exemption can be renewed if the vendor meets the criteria and reapplies before the exemption expires. The review and approval process for exemptions takes up to 60 days.
