Food Packaging Regulations: What's In Effect Now (2025–2026 Laws)
Food packaging regulations in the US operate on three layers: FDA food-contact rules (21 CFR Parts 174–186), state PFAS bans that prohibit forever chemicals in food packaging, and state extended producer responsibility (EPR) laws now live in seven states. First action for operators: confirm every container you buy is PFAS-free and foam-free.
Food packaging regulations used to change once a decade. Now they change every January. Between 2025 and 2026, polystyrene foam bans took effect in Oregon and other states, California's SB 54 packaging regulations became permanent, and new EPR programs were signed into law in Washington and Maryland — each with its own definitions, deadlines, and penalties. If you run a restaurant, ghost kitchen, or catering operation, the packaging you order this quarter may be illegal to use in your state next year.
This guide is the consolidated, operator-focused tracker: what the FDA actually regulates, which state laws are in effect right now, what took effect in 2025 and 2026, and exactly what to switch to. Everything below is verified against official government sources and current as of July 2026. We refresh this page annually — bookmark it.
TL;DR — Food Packaging Regulations at a Glance (July 2026)
Federal (FDA): All food-contact materials must comply with 21 CFR Parts 174–186 or a Food Contact Notification. PFAS grease-proofing agents are no longer sold for US food-contact use as of February 2024.
State PFAS bans: California, Minnesota, Oregon, and a growing list of states prohibit intentionally added PFAS in food packaging.
Foam bans: New York, Washington, Colorado, Oregon, and others prohibit expanded polystyrene (EPS) foodservice containers.
EPR laws: Seven states — Maine, Oregon, Colorado, California, Minnesota, Washington, and Maryland — make packaging producers pay for recycling.
FDA front-of-package label: Proposed January 2025; still a proposed rule, not final.
Regulatory Layer
Who Enforces
What It Covers
Operator Action
FDA food-contact rules
FDA
Materials that touch food (21 CFR 174–186, FCN program)
Buy from suppliers who document FDA compliance
Fair Packaging and Labeling Act
FTC / FDA
Label content on consumer packages
Applies mainly to packaged-goods brands
State PFAS bans
State agencies
Intentionally added PFAS in food packaging
Require PFAS-free certification from vendors
State foam bans
State agencies
EPS foam cups, clamshells, plates, trays
Switch to fiber, paper, or recyclable plastic
State EPR laws
State agencies + PROs
Producer fees on packaging sold into the state
Expect cost pass-through; favor recyclable/compostable formats
What Are the Food Packaging Regulations in the US?
US food packaging regulations are a two-tier system: the FDA regulates what packaging is made of (food safety), while states increasingly regulate what happens to packaging after use (environmental law). Compliance means satisfying both tiers at once — a container can be perfectly food-safe under FDA rules and still be illegal to hand a customer in Oregon or New York.
FDA food-contact rules: 21 CFR and the FCN program
The FDA regulates food packaging as a "food contact substance" — any material intended to contact food that is not itself intended to have a technical effect on the food. Under the Federal Food, Drug, and Cosmetic Act, every food-contact material must be authorized through one of three routes: an existing regulation in 21 CFR Parts 174–186 (indirect food additives — adhesives, coatings, paper, polymers), an effective Food Contact Notification (FCN), or a Generally Recognized As Safe (GRAS) determination.
For foodservice operators, the practical takeaway is simple: you are not expected to read the CFR — your supplier is. Reputable manufacturers document that cups, containers, films, and coatings meet FDA food-contact requirements. Ask for that documentation in writing, especially when switching to newer sustainable materials, because "compostable" or "plant-based" does not exempt a material from FDA food-contact clearance.
The FDA's PFAS phase-out: complete since 2024
In February 2024, the FDA announced that grease-proofing substances containing PFAS are no longer sold by manufacturers for food-contact use in the US market. This voluntary phase-out — negotiated by the FDA starting in 2020 — eliminated the primary source of dietary PFAS exposure from authorized food-contact uses: the coatings once applied to fast-food wrappers, microwave popcorn bags, and takeout paperboard. Note the limit of this action: it stopped new sales by manufacturers. It did not ban PFAS-containing stock already in circulation, which is exactly the gap state PFAS bans close (covered below).
The Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act (FPLA), 15 U.S.C. §§ 1451–1461, is the federal law requiring consumer commodities to carry a label identifying the product, the manufacturer or distributor, and the net quantity of contents. The FDA administers it for foods, drugs, and cosmetics; the FTC covers other consumer goods. The FPLA governs what is printed on the package rather than the package material itself, and it matters most to operators who bottle sauces, jar retail items, or sell branded packaged goods.
What Packaging Laws Took Effect in 2025 and 2026?
The 2025–2026 window was the busiest two years in US packaging law to date. Here is the verified timeline, in order:
Effective
State
Law
What Changed
Jan 1, 2025
Oregon
SB 543 (2023)
Food vendors may not sell prepared food in polystyrene foam containers; also bans intentionally added PFAS in foodware
Jul 1, 2025
Oregon
Recycling Modernization Act (SB 582)
Producer-funded EPR recycling program began operating; producers pay fees through the Circular Action Alliance
2025 (enacted)
Washington
SB 5284 — Recycling Reform Act
Packaging EPR signed into law (Chapter 316, Laws of 2025); program obligations phase in over the coming years
2025 (enacted)
Maryland
SB 901
Packaging EPR signed into law; producer responsibility plans due to the Department of the Environment by July 1, 2028
May 1, 2026
California
SB 54 regulations
Permanent SB 54 packaging EPR regulations approved and effective; first producer responsibility plan submitted June 15, 2026
Ongoing 2025–2026
Maine
38 M.R.S. § 2146
Packaging stewardship rule (Chapter 428) adopted December 2024, amended March 2026; state is selecting its stewardship organization
Each row above links to official sources in the sections that follow. Two things stand out for operators. First, none of these laws fine restaurants directly for choosing the "wrong" material — the fees land on producers and the bans land on what distributors can sell you. Second, they all push the market the same direction: away from foam and PFAS, toward recyclable, compostable, and refillable formats. Buying that way now means the next effective date costs you nothing.
Which States Have Banned PFAS in Food Packaging?
PFAS (per- and polyfluoroalkyl substances) are a class of fluorinated chemicals — defined in most state statutes as any chemical containing at least one fully fluorinated carbon atom — that were used for decades to grease-proof wrappers, bowls, and takeout containers. They do not break down in the environment, which is why states began banning them from food packaging even before the FDA phase-out completed. Verified state prohibitions include:
State
Law
In Effect
Scope
California
AB 1200 (2021)
Jan 1, 2023
No sale or distribution of plant-fiber food packaging containing regulated PFAS
Minnesota
Minn. Stat. § 325F.075
Jan 1, 2024
No manufacture or sale of any food package with intentionally added PFAS
Oregon
SB 543 (2023)
Jan 1, 2025
Bans PFAS in food containers alongside the polystyrene foam ban
A wider group of states — including New York, Washington, Connecticut, Vermont, Colorado, Maryland, Hawaii, and Rhode Island — has enacted its own PFAS-in-food-packaging restrictions with varying definitions and effective dates; verify the current text of your own state's statute before ordering. The safest procurement posture in 2026 is to treat PFAS-free as a national requirement, not a state-by-state question: require written PFAS-free confirmation from every packaging vendor, since even states without bans are seeing distributors clear PFAS stock from their catalogs.
Polystyrene Packaging Faces Extinction: Foam Bans and What Replaces Them
Expanded polystyrene (EPS) foam — the material most people call Styrofoam — is being legislated out of American foodservice. Foam clamshells, cups, plates, and trays are already illegal to sell or distribute in a growing bloc of states, and no state that has enacted a ban has repealed one. If foam is still in your supply chain, treat it as end-of-life inventory.
Where is polystyrene foodservice packaging banned?
State
Law
In Effect
What's Banned
New York
Expanded Polystyrene Foam Container Ban
Jan 1, 2022
Disposable EPS food containers and loose-fill packing peanuts
Colorado
HB21-1162
Jan 1, 2024
EPS food containers at retail food establishments (same act phased out single-use plastic bags)
Washington
RCW 70A.245.070
Jun 1, 2024
EPS food containers, plates, clamshells, cups, and portable coolers (packing peanuts banned Jun 1, 2023)
Oregon
SB 543
Jan 1, 2025
Polystyrene foam containers for prepared food, foam coolers, and packing peanuts
Maine, Maryland, Vermont, New Jersey, Rhode Island, Delaware, and the District of Columbia also restrict EPS foodservice packaging under their own statutes, and hundreds of cities and counties have local bans layered on top. Washington's law is the one wholesalers watch most closely because it prohibits sale and distribution into the state — meaning a national supplier cannot legally ship foam clamshells to a Seattle restaurant at all.
Does Styrofoam biodegrade?
No. Expanded polystyrene is a petroleum-based thermoplastic that does not biodegrade in any meaningful timeframe — it photodegrades, fragmenting into smaller and smaller plastic pieces rather than breaking down into natural components. It is also rarely recycled in practice: EPS is about 95% air, which makes it uneconomical to collect and transport, and most curbside programs reject it. That combination — persistent, non-recyclable, single-use — is precisely why legislators keep targeting it, and why the US EPA reports that containers and packaging as a whole generated 82.2 million tons of municipal solid waste in 2018 — 28.1% of everything Americans threw away — with only 53.9% of it recycled.
What are the best alternatives to Styrofoam packaging?
The best styrofoam alternatives are materials that match foam's insulation and cost profile while satisfying every ban on the books:
Molded fiber / bagasse: Sugarcane-pulp clamshells and bowls insulate comparably to foam, handle hot and greasy food, and are commercially compostable. This is the default one-for-one foam replacement.
Kraft paper and paperboard: Poly-free or aqueous-coated paper containers are accepted in most recycling streams and are the value option for dry and warm items.
Bamboo and palm leaf: Premium presentation with genuine compostability — strong for catering and fast-casual plating.
PLA-lined compostables: Plant-based lining delivers leak resistance for soups and sauces; certified commercially compostable.
Recyclable PP and PET: Where compost infrastructure doesn't exist, clear recyclable plastic keeps you legal in every foam-ban state and feeds EPR-favored recycling streams.
Our eco friendly to go containers collection covers all five categories, and the certified compostable take out boxes line is the straightest swap for foam clamshells — same stacking, same service speed, zero regulatory exposure.
What Is Extended Producer Responsibility (EPR) for Packaging?
Extended producer responsibility (EPR) is a policy that makes the producers of packaging — generally the brand owner, manufacturer, or importer — pay for the collection, recycling, and end-of-life management of that packaging. Producers join a producer responsibility organization (PRO), pay fees scaled to how much and what kind of packaging they sell into the state, and those fees fund recycling infrastructure. Packaging that is hard to recycle pays higher fees ("eco-modulation"), which is how EPR quietly re-prices the entire packaging market toward recyclable and compostable formats.
Seven states have enacted packaging EPR laws as of July 2026:
State
Law
Status (July 2026)
Maine
38 M.R.S. § 2146 (2021)
Program rule adopted Dec 2024, amended Mar 2026; state selecting its stewardship organization
Oregon
Recycling Modernization Act (SB 582, 2021)
Live since Jul 1, 2025 — first PRO annual report filed Jul 1, 2026
Colorado
HB22-1355 (2022)
Producer dues funding statewide recycling program; implementation underway
California
SB 54 (2022)
Permanent regulations effective May 1, 2026; PRO plan submitted Jun 15, 2026
Minnesota
Packaging Waste and Cost Reduction Act (2024)
PRO registered; by 2032 all packaging must be refillable, reusable, recyclable, or compostable
Washington
SB 5284 (2025)
Enacted as Chapter 316, Laws of 2025; obligations phasing in
Maryland
SB 901 (2025)
Enacted; producer responsibility plans due by Jul 1, 2028
What EPR means for foodservice operators: restaurants are almost never the obligated "producer" — your packaging suppliers and the brands upstream are. But their fees become your prices. Circular Action Alliance, the PRO operating in multiple states, already collects and reports producer fees in Oregon and California, and those costs eco-modulate: foam and mixed-material packaging carries the highest fees, clean fiber and readily recyclable formats the lowest. Standardizing on recyclable and certified compostable packaging is now a hedge against price inflation, not just a sustainability play.
2025–2026 Packaging Trends: FDA Front-of-Pack Labels and What's Next
Regulation is only half the story — the FDA is also reshaping packaging design, and market demand is pulling the same direction. Design pressure is coming from the market side too — our look at faces on packaging examines why shelf appeal doesn’t always click online.
What is the FDA's front-of-package "Nutrition Info box"?
In January 2025, the FDA issued a proposed rule for front-of-package (FOP) nutrition labeling that would require most packaged foods to display a "Nutrition Info box" rating saturated fat, sodium, and added sugars as "Low," "Med," or "High" at a glance. The comment period was extended to July 15, 2025, and as of July 2026 the rule remains proposed, not final. If finalized, packaged-goods brands would face a redesign of virtually every retail label — and foodservice operators selling branded retail items (sauces, snacks, grab-and-go) should watch the docket, because compliance dates would likely phase in by company size.
FDA food contact material trends: sustainable ≠ pre-approved
The biggest food-contact trend the FDA is managing is the flood of new sustainable materials seeking clearance. Recycled-content plastics, fiber blends, seaweed coatings, and novel barrier chemistries all still need an authorization pathway — an existing 21 CFR regulation, an FCN, or GRAS status — before touching food. The FDA's completed PFAS grease-proofing phase-out also means every "grease-resistant" paper product on the market now achieves that performance with different chemistry; ask suppliers what replaced the PFAS, and get the food-contact compliance statement with it.
What are the top trends in foodservice product packaging and labeling?
Fiber-first design: Molded fiber and paperboard are displacing rigid plastic as EPR fees re-price materials.
Postconsumer recycled (PCR) content mandates: Washington already requires minimum PCR percentages in beverage containers and trash bags (RCW 70A.245.020), and other states are following — expect PCR claims on more foodservice packaging.
Serviceware on request: Washington-style rules requiring customers to affirmatively ask for utensils, straws, and condiment packets are spreading; build the prompt into your POS and delivery flow.
Smart labels: QR codes carrying sourcing, allergen, and disposal instructions offload regulatory information from limited label space.
Reuse pilots: Returnable container programs are moving from pilot to policy, with several EPR statutes explicitly setting refill and reuse targets — Minnesota's 2032 requirement is the clearest example.
The market pull is real: in Trivium Packaging's 2023 Buying Green Report, 82% of consumers surveyed said they would pay more for sustainable packaging — up eight points in two years, despite inflation. Regulations set the floor; customers set the ceiling.
Food Packaging Compliance Checklist for Operators
Audit your current packaging. List every disposable SKU you buy. Flag anything foam, anything with unverified grease-proofing chemistry, and anything your hauler won't recycle or compost.
Get compliance statements in writing. For each SKU: FDA food-contact compliance, PFAS-free confirmation, and (if claimed) compostability certification such as BPI.
Check your state's current statutes. Effective dates shift; several 2025 deadlines have already passed and new ones arrive each January. Your state environmental agency's packaging page is the source of truth.
Eliminate foam now, everywhere. Even if your state hasn't banned EPS, your distributor's other states have — foam supply is shrinking and its EPR fees are the highest of any material.
Standardize on one compliant container line. Operators that pick a single fiber or recyclable-plastic system once outperform those re-sourcing at every deadline.
Re-check annually. EPR fee schedules, covered-material lists, and label rules update every year. Recheck this page — we update it with each cycle.
How Restaurantware Helps You Stay Ahead of Packaging Laws
In 15+ years supplying 40,000+ foodservice operations, we've watched every one of these deadlines land — and the pattern never changes: operators who switch container lines ahead of the effective date spend less and never disrupt service, while operators who wait pay rush premiums for whatever compliant stock is left. When Washington's foam ban hit in June 2024 and Oregon's followed in January 2025, the operators already running molded fiber didn't change a thing.
Our foodservice customers consistently tell us the same thing: compliance is easiest when you standardize early on certified compostable or recyclable packaging instead of scrambling at each new effective date. That's how we build our catalog:
Certified compostable take-out boxes — bagasse and fiber clamshells that satisfy every state foam ban in one swap.
PFAS-free disposable food packaging — plates, bowls, and serviceware aligned with California AB 1200, Minnesota's PFAS prohibition, and Oregon SB 543.
Eco-friendly to-go containers — recyclable and compostable formats that sit in the lowest EPR fee tiers as producer fees roll out.
For the operational side of switching, see our guides on how to transition to compostable packaging in your restaurant, how to transition your restaurant to sustainable packaging, and innovations in biodegradable packaging for ghost kitchens.
Frequently Asked Questions
What are the FDA regulations for food packaging?
FDA food packaging regulations require every material that contacts food to be authorized under 21 CFR Parts 174–186 (indirect food additives), an effective Food Contact Notification, or GRAS status. The FDA evaluates the chemistry, migration into food, and safe use conditions of each substance. Since February 2024, PFAS grease-proofing agents are no longer sold for US food-contact use.
What packaging laws take effect in 2025 and 2026?
Key 2025–2026 packaging laws: Oregon's polystyrene foam and PFAS foodware ban (January 1, 2025), Oregon's EPR program launch (July 1, 2025), Washington's SB 5284 and Maryland's SB 901 EPR enactments (2025), and California's permanent SB 54 packaging EPR regulations (effective May 1, 2026). Maine's packaging stewardship rule was also amended in March 2026.
Which states have banned PFAS in food packaging?
States with verified PFAS food packaging bans in effect include California (January 2023), Minnesota (January 2024), and Oregon (January 2025), with New York, Washington, Connecticut, Vermont, Colorado, Maryland, Hawaii, and Rhode Island enforcing their own restrictions. Nationally, the FDA completed its phase-out of PFAS grease-proofing agents in February 2024.
What is extended producer responsibility (EPR) for packaging?
Extended producer responsibility (EPR) for packaging is a law that makes packaging producers — brand owners, manufacturers, and importers — pay fees that fund recycling of the packaging they sell into a state. Seven states have packaging EPR laws: Maine, Oregon, Colorado, California, Minnesota, Washington, and Maryland. Fees are higher for hard-to-recycle materials, which pushes the market toward recyclable and compostable packaging.
What is the Fair Packaging and Labeling Act?
The Fair Packaging and Labeling Act (15 U.S.C. §§ 1451–1461) is the 1967 federal law requiring consumer product labels to state what the product is, who made or distributes it, and the net quantity of contents. The FDA enforces it for food, drugs, and cosmetics; the FTC enforces it for other consumer commodities.
What food packaging materials are FDA approved?
FDA-authorized food packaging materials include paper and paperboard, common food-grade plastics (PP, PET, HDPE, polystyrene resin), aluminum, glass, and cleared coatings and adhesives — provided each complies with its specific regulation in 21 CFR Parts 174–186 or an effective Food Contact Notification. Compostable materials like bagasse, PLA, and bamboo are also used compliantly when their components meet food-contact requirements; always request the supplier's FDA compliance documentation.
Conclusion: Compliance Is a Purchasing Decision
Food packaging regulations in 2025–2026 all converge on one operator-level decision: buy PFAS-free, foam-free, recyclable or certified compostable packaging from suppliers who document compliance. Do that once, and FDA rules, state PFAS bans, foam bans, and EPR fee schedules all break in your favor — no scrambling at the next January 1 deadline. Browse our eco friendly to go containers to standardize on packaging that's already on the right side of every law on this page.
All laws, effective dates, and statistics verified against official government and primary sources. Current as of July 2026. This article is general information, not legal advice — confirm requirements with your state agency or counsel.
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