U.S. Oregon State to Abolish Styrofoam Containers, Foodware & Packaging Peanuts and Prohibit PFAS in Foodware Containers

Vol. 1354 | 23 May 2023

On May 8, 2023, the Governor of the State of Oregon signed the bill SB 543 into law to regulate PFAS in foodware containers, polystyrene foam containers for prepared food, polystyrene foam containers and polystyrene foam packaging peanuts. Below table summarizes the requirements:

	Scope - SB 543	Requirement	Effective Date
STYROFOAM Prohibition	Polystyrene foam containers used by Food Vendors	Prohibited use of polystyrene foam container in selling, offering for sale, serving or dispensing prepared food to a consume	January 1, 2025
	Polystyrene foam containers	Prohibited sale of polystyrene foam containers
	Polystyrene foam packaging peanuts	Prohibited sale of polystyrene foam packaging peanuts
PFAS Prohibition	Foodware containers containing intentionally added PFAS chemicals	Prohibited sale of foodware container containing intentionally added perfluoroalkyl or polyfluoroalkyl substances.	January 1, 2025

Definitions:

• “Foodware container” includes bowls, plates, cups, lids, clamshells or other containers or any other items used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors.
• “Polystyrene foam container” means a cooler or foodware container that is: Made of a polystyrene plastic foam and made for the purpose of serving, containing, preserving or consuming prepared food and ordinarily used once. It does not include a cooler or other container that is made of a polystyrene foam, that is intended for more than one use and that is enclosed by a solid shell; a tray or container used solely to store, ship or otherwise transport an ingredient or food product that is not prepared food; Polystyrene plastic material, other than polystyrene foam packaging peanuts, that is used solely for packing or protecting other items during storage, shipping or other transportation.
• “Polystyrene foam packaging peanuts” means loose fill material made of polystyrene foam used to protect items during shipping or other transportation.

For further information, please contact our technical experts Pankajkumar Sarda (pankajkumar.sarda@intertek.com) and Joyce Chen (joyce.chen@intertek.com).