EPS Prohibition

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Expanded Polystyrene (EPS) Food Service Ware Ordinance in effect as of June 17, 2017. 

The Encinitas City Council adopted Ordinance 2016-12, effective December 16, 2016, to prohibit the use of Expanded Polystyrene (EPS) foam food service ware containers in Encinitas. The Ordinance included a six (6) month grace period for all affected establishments to come into compliance with the new regulations, as well as to use up existing EPS inventories. This grace period ended on Friday, June 16, 2017. 

All food providers (as defined by the Ordinance) are no longer allowed to distribute Expanded Polystyrene (foam) food service ware products as of June 17, 2017.  Typical uses of EPS food service ware prohibited by this ordinance include, but are not limited to, foam “clam shell” containers, foam cups, foam soup containers, foam plates, and foam trays. 

Click here to view the entire chapter of the Municipal Code (11.27) explaining the details of this new law banning EPS in the City of Encinitas.

An advisory letter to all Food Providers was sent out in July to remind everyone that EPS To-Go Food Service Ware is no longer permitted in Encinitas as of June 17, 2017.  A Certification Statement was enclosed verifying that businesses would no longer supply EPS to the public.  A copy of the City's new Ordinance, a NO FOAM Flyer for display, and an alternative vendor list was included.  Please see a list of these documents below for reference:

Why did the City of Encinitas decide to ban EPS?
The City’s Environmental Commission researched the challenging issues surrounding EPS foam and its effect on the environment. Containers used by food providers and consumers are not easily recoverable through recycling and EPS breaks up into tiny bits and is commonly found in the marine environment.

If you have a restaurant in the City of Encinitas and need more information about alternative vendors please feel free to contact us at or by email at [email protected].

*Note there are alternative vendor lists above for your convenience.

Thank you for your support and enjoy eating EPS free!