D.C. Mun. Regs. tit. 21, § 2301
Expanded Polystyrene Prohibition
Effective Mar 4, 202269 DCR 001714Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Sustainable DC Omnibus Amendment Act of 2014 (“Act”), effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code §§ 8-1531 et seq. (2016 Supp.)); the Polystyrene Food Service Product and Packaging Prohibition Amendment Act of 2020, effective April 16, 2020 (D.C. Law 23-76; D.C. Official Code §§ 8-1531 et seq.); Mayor’s Order 2006-61, Section 29, dated June 14, 2006; Mayor’s Order 2015-069, dated February 4, 2015; and Mayor’s Order 2015-191, dated July 23, 2015. Source: Final Rulemaking published at 62 DCR 16315 (December 25, 2015); as amended by Final Rulemaking published at 64 DCR 1094 (February 3, 2017); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022).District of Columbia, Office of the Secretary
2301.1 No food service entity shall sell or provide food or beverages in expanded polystyrene food service products, regardless of where the food or beverage will be consumed.
2301.2 This section shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers before a food service entity received them, or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.
2301.3 No retailer shall sell or offer for sale any of the following:
(a) An expanded polystyrene food service product;
(b) An expanded polystyrene container, such as a cooler or ice chest, that is not wholly encapsulated or encased within a more durable material; or
(c) Expanded polystyrene packing material, such as packing peanuts, used to hold, cushion, or protect items packed in a container for shipping, transport, or storage.
SOURCE: Final Rulemaking published at 62 DCR 16315 (December 25, 2015); as amended by Final Rulemaking published at 64 DCR 1094 (February 3, 2017); as amended by Final Rulemaking published at 69 DCR 001714 (March 4, 2022).