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COMMITTEE ON HOUSING, TRANSPORTATION AND TELECOMMUNICATIONS BILL NO. 36-0240 Thirty-Sixth Legislature of the Virgin Islands February 10, 2026 An act amending title 29 Virgin Islands Code, chapter 8, by adding a subchapter III prohibiting food service providers from selling or distributing food in disposable containers that are composed of, in whole or in part, expanded polystyrene foam and prohibiting manufacturers and stores from providing polystyrene loose fill packaging PROPOSED BY: Senator Milton E. Potter Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 29 Virgin Islands Code, chapter 8 is amended by adding subchapter 2 III to read as follows: 3 “Subchapter III. Regulation of Expanded Polystyrene Foam Containers and 4 Polystyrene Loose Fill Packaging 5 § 500aa. Definitions 6 (1) “Authority” means the Virgin Islands Waste Management Authority. 7 (2) “Disposable food service container” means a bowl, carton, clamshell, cup, lid, 8 plate, tray, or any other product that is designed or used for the temporary storage or transport 9 2 of a prepared food or beverage including a container generally recognized by the public as 1 being designed for single use. 2 (3) “Expanded polystyrene foam” means blown polystyrene and expanded and 3 extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and 4 processed either by fusion of polymer spheres, known as expandable bead 20 polystyrene; 5 injection molding; foam molding; or extrusion-blow molding, also known as extruded foam 6 polystyrene. 7 (4) “Food service provider” means an entity that prepares, serves, and sells food to the 8 public, including restaurants, temporary food vendors, caterers, and mobile food units and 9 persons engaged in the business of selling or distributing prepared food or beverages for on 10 premise or off-premise consumption including: 11 (A) retail food stores; 12 (B) delicatessens; 13 (C) grocery stores; 14 (D) restaurants; 15 (E) cafeterias; 16 (F) coffee shops; 17 (G) hospitals, adult and daycare facilities, and nursing homes; and 18 (H) learning institutions – elementary, middle, and high schools, trade schools, 19 colleges, and universities. 20 (5) “Manufacturer” means every person, firm, corporation, or entity that produces or 21 imports polystyrene loose fill packaging that is sold, offered for sale, or distributed in the Virgin 22 Islands. 23 3 (6) “Polystyrene loose fill packaging” means a void-filling packaging product made of 1 expanded polystyrene foam that is used as a packaging fill, commonly referred to as packing 2 peanuts. 3 (7) “Prepared food” means food or beverages that are cooked, chopped, sliced, mixed, 4 brewed, frozen, heated, squeezed, combined, or otherwise prepared on the premises of a food 5 service provider for immediate consumption and require no further preparation to be consumed. 6 The term includes ready-to-eat take out foods and beverages. 7 (8) “Provide” means to give out, distribute, sell, supply, or otherwise make available 8 for use in the Virgin Islands. 9 (9) “Store” means a retail or wholesale establishment other than a food service 10 provider. 11 § 500bb. Expanded polystyrene foam container and polystyrene loose fill packaging ban 12 (a) Beginning June 1, 2027, no food service provider or store in the Virgin Islands may 13 provide disposable food containers that contain expanded polystyrene foam. 14 (b) Beginning June 1, 2027, no manufacturer or store in the Virgin Islands may provide 15 polystyrene loose fill packaging. 16 § 500cc. Exemption and waivers 17 (a) Notwithstanding any inconsistent law, this subchapter does not apply to: 18 (1) prepackaged food, filled or sealed prior to receipt at a food service provider; 19 and 20 (2) raw meat, pork, seafood, poultry, or fish sold for the purpose of cooking or 21 preparing off-premises by the customer. 22 4 (b) Any entity, regardless of its income, including soup kitchens, food pantries, and 1 places of worship, operated by a not-for-profit corporation or by a federal, or local government 2 agency that provides or serves food at no or nominal charge, does not operate three or more 3 locations, and is not operated pursuant to a franchise agreement, may request from the 4 Authority, a financial hardship waiver from the requirements of section 500bb, in a manner and 5 form established by the Authority. 6 (c) The Authority shall grant a waiver if the food service provider demonstrates that 7 there is no alternative product of comparable cost that is not composed of expanded polystyrene 8 foam and that the purchase or use of an alternative product that is not composed of expanded 9 polystyrene foam creates an undue financial hardship. A financial hardship waiver is valid for 10 twelve months and is renewable for an additional six months upon application to the Authority. 11 § 500dd. Penalties; enforcement 12 (a) Beginning December 1, 2027, any food service provider, store, or manufacturer 13 who violates any provision of this subchapter, or any regulation adopted pursuant to this 14 subchapter, is subject to: 15 (1) an order to discontinue providing disposable food service containers that 16 contain expanded polystyrene foam or polystyrene loose fill; and 17 (2) a civil fine of not less than $500 but not more than $1,000 for each day of 18 violation. 19 (b) Monies collected from fines or other civil penalties must be allocated as follows: 20 (1) 75 percent to the Virgin Islands Waste Management Authority; and 21 (2) 25 percent to the General Fund of the Treasury of the Government of the 22 Virgin Islands. 23 5 (c) The Authority shall afford an entity due process before imposing fines or 1 penalties.” 2 SECTION 2. (a) The Authority shall promulgate regulations for the implementation, 3 administration, and enforcement title 29 Virgin Islands Code, chapter 8, subchapter III, to 4 include the establishment of the criteria for determining products of comparable costs. 5 (b) The Authority shall publish and disseminate a leaflet that includes the provisions 6 of this subchapter and information about the benefits of waste reduction, reuse and recycling. 7 BILL SUMMARY 8 This bill amends title 29 Virgin Islands Code, chapter 8, by adding subchapter III 9 providing for the ban of disposable food containers that are composed in whole or in part of 10 polystyrene foam. It sets forth the definitions for terms used in the bill, describes what is 11 banned, describes exemptions and waivers and discusses penalties and enforcement. The bill 12 also authorizes the Waste Management Authority to draft regulations and requires the Authority 13 to disseminate the subchapter and information about recycling, reuse, and waste reduction. 14 BR25-0091/February 9, 2026/SLR 15