Expanded polystyrene products, including coffee cups, plates, and take-out containers, are still being sold in California despite a statewide ban that went into effect on January 1.

A ⁣recent visit to a Smart and Final store in Redwood City revealed an⁤ abundance of foam plates, bowls,‍ and cups for sale. Online retailers also appear to ⁤be flouting the ban. A search on⁣ Amazon.com⁢ showed various foam products, including insulated hot/cold ⁢cups and‍ heavy-duty plates, available for shipment to california ⁢addresses.

Katom Restaurant Supply, ⁢based in Kodak, Tennessee, also appears to be selling these products to California addresses.

Smart and Final and Katom did not ‍respond to requests for comment. An Amazon spokesperson⁤ said the company would investigate the matter.

The polystyrene ban is part ‍of Senate bill 54, a single-use plastic law signed by Gov. Gavin Newsom in 2022. While ⁢the broader law faces uncertainty, the ban on expanded polystyrene remains in effect.

According to Nick Lapis, ⁤director of ⁢advocacy⁣ for Californians Against Waste, the law was structured to ensure the polystyrene ban would be enforced ⁢regardless of‍ the status ⁢of the rest of the bill.

It is still‍ in force whether or not there are regulations for the rest of the‍ bill.

CalRecycle, the state’s waste ‍management ⁤agency, is ⁣responsible for overseeing and enforcing the law.

When asked about‍ the continued⁤ availability of polystyrene products, CalRecycle ⁢spokesperson Melanie Turner said in an ‍email that the agency is identifying companies producing,‍ selling, and distributing the products in the state and is considering means of⁣ helping⁣ them comply with the law.

SB 54 ⁣requires plastic and packaging companies to reduce single-use plastic packaging by 25% and‍ ensure that 65% of the material is⁤ recyclable or compostable by 2032.

The law also mandates⁤ that packaging producers bear the financial responsibility for the end-of-life management ⁤of ⁤their products, including recycling, composting, or disposal.

In December, industry representatives urged ⁣Gov.Newsom to abandon the regulations,⁣ arguing they were impractical and could cost Californians⁢ approximately $300 annually. Environmental groups and ⁤legislators disputed this figure, arguing that it ⁢did not account for the economic benefits of reducing plastic waste.

Gov.⁣ Newsom delayed finalizing the rules and regulations of the bill and directed⁣ CalRecycle to restart the process.

However, the polystyrene provision of the bill, which dose not require finalized regulations, prohibits producers of polystyrene‍ food service ware from ⁤selling, distributing, or importing these products unless they can demonstrate recycling rates of at⁣ least 25% ⁣by Jan. 1, 2025, ramping up to 65% by 2032.

As of January ⁢1, this recycling target had not ⁤been met, triggering the ban. The national recycling rate for ⁢expanded polystyrene is⁤ around 1%.

Neither CalRecycle nor⁢ the governor’s office has publicly addressed the⁣ ban, leaving plastic distributors, sellers, environmental groups,⁢ waste haulers, and legislators ⁤uncertain about the state government’s⁤ commitment to enforcing the law.

I do ⁣not understand why the administration⁢ cannot publish a statement saying this. At⁤ this stage, the silence of the administration ⁤is only the additional legal responsibility for companies that do not realize that they‍ break the law.

during‍ a‍ recent state Senate budget hearing, legislators ‍questioned officials about the lack of action regarding the polystyrene⁣ ban.

Sen. ben Allen asked Yana Garcia, Secretary of the california Environmental Protection Agency (CalEPA), Why didn’t CalRecycle take measures to ⁤implement the SB 54 ‍provisions which deal with the sale ‍of ⁣enlarged polystyrene? You no, the product ⁣has‍ not⁢ met the strict requirements under SB 54, so there are now steps that must be taken to prohibit the sale.

Garcia⁢ responded that her agency and ⁣CalRecycle may also need to⁢ look more there, especially ‍at the moment in terms of messaging around polystyrene.

Jan Dell,founder and⁢ president of the environmental group Last Beach Cleanup,said the continued⁢ presence of expanded polystyrene on store shelves highlights a major⁤ challenge in enforcing the⁤ law: CalRecycle’s limited capacity to effectively implement it.

Turner ⁤said the agency could provide compliance assistance, initiate surveys, and issue violation notices.

According to a state analysis, 2.9 million metric tons⁣ of single-use plastic and 171.4 billion single-use plastic components were sold, offered for sale, or distributed in California⁢ in 2023.

Single-use plastics ⁢and plastic waste are widely recognized as an environmental and public health concern. The accumulation of plastic waste has polluted waterways and oceans, harmed marine ⁣life, and⁣ posed risks to⁤ human health.

On⁣ March 7, Gov. newsom paused the implementation‍ of ⁢the plastic waste law by rejecting rules⁢ and⁢ regulations developed by his staff, despite extensive ⁤efforts and input from various ⁣stakeholders.