The Virginia General Assembly passed a law in 2021 that bans the use of Expanded Polystyrene (EPS), known commonly as Styrofoam, by food vendors. Polystyrene takes over 500 years to break down, is frequently littered, breaks into microplastics that are easily ingested by wildlife and contaminate the environment, and is linked to cancer and nervous system damage.
Henrico County’s implementation of the State law is focused on outreach and support to food vendors.
State Law Implementation Timeline
- July 1, 2025 – Food vendors with 20 or more Virginia locations must stop using Polystyrene containers
- July 1, 2026 – All other food vendors must stop using Polystyrene containers
The ban officially took effect on July 1, 2025, and it 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. 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.
Helpful Resources
- Read the full Virginia State law: VA Code 10.1-1424.3.
- DEQ Foam-Free Resources website
- DEQ Foam Free Flyer
Exemptions to State Law
Eligible food vendors may apply for exemption to Henrico County Sustainability Division and must show that (1) it has “no reasonable alternative”; and that (2) compliance with the law will “cause significant economic hardship.”
To apply for the exemption, fill out the following form completely. Remember to click on the submit button at the end to finalize your request.
Please note that the review and approval process for exemptions will take up to 60-days.
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