Bill to repeal Styrofoam ban fails after debate over affordability vs. environmental harms

Senate Committee on Agriculture, Conservation and Natural Resources · January 21, 2026

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Summary

Senate Bill 11, aiming to repeal the statewide ban on expanded polystyrene food service containers on affordability grounds, failed in committee after environmental groups, farmers and conservationists warned of recycling and environmental harms; recorded vote was Eyes 9, No 6.

Senate Bill 11, presented by Senator DeStefano, proposed repealing the statewide ban on expanded polystyrene (commonly called Styrofoam) food and beverage containers. The sponsor framed the measure as an affordability bill, citing a $145 million annual cost estimate to Virginians and arguing small restaurants face thin margins for alternative packaging.

Tommy Herbert (Virginia Restaurant Lodging and Travel Association) and other business advocates testified in favor, saying margins are tight and the change would help small operators. Opponents — including Environment Virginia, Virginia Conservation Network, and local farmers — warned that polystyrene does not biodegrade, is often not recyclable with food residue, clogs storm drains, harms wildlife, and that many rural localities lack recycling infrastructure.

Committee discussion weighed both sides: members recognized affordability concerns for small businesses but repeatedly raised environmental and downstream public‑costs (stormwater maintenance, farm animal impacts). Senators noted the complexity of the tradeoffs and regional differences in recycling capacity.

Outcome: the substitute motion to pass by was to pass the bill by indefinitely; roll recorded Eyes 9, No 6 and the bill failed to advance.