From Blanket Bans to Nuanced Management: Decoding the New State Compliance Landscape for Plastic Bags, EPS, and PFAS
“As we enter 2026, the landscape of U.S. packaging laws has shifted from simple, blanket bans to a deeper level of precision regulation. Regulators are doubling down on source reduction and managing chemical risks, tightening controls on items such as single-use bags, EPS foam, PFAS, and hospitality amenities.
For brands and supply chain partners with a national footprint, compliance is no longer just about checking off prohibited items. The real challenge now lies in navigating the fine print of state-specific variations—from material definitions and manufacturing date cut-offs to exemption thresholds and phase-out periods.”
California Leads the Way: A Dual Filter on Bags and Recycling Labels
California is undoubtedly the frontrunner in this regulatory wave, tightening standards in two key areas starting in 2026: checkout bags and recycling labels.
First, under the SB 1053 act, effective January 1, checkout counters at regulated channels (such as grocery and convenience stores) will undergo full “de-plasticization.” Thick plastic bags, previously considered compliant, will no longer be permitted. Retailers may only provide recycled paper carryout bags for a charge of at least 10 cents. Supply chains must note that starting in 2028, these paper bags will further be required to contain 50% post-consumer recycled (PCR) content.
Simultaneously, the high-profile SB 343 “Truth in Labeling” act is entering the enforcement horizon. Companies must clarify that the restriction on the misuse of “recyclable” symbols is based on the “date of manufacture,” not the date of sale. The law applies to products manufactured after October 4, 2026, meaning existing inventory produced before this date has a buffer period for depletion. Companies should work backward from CalRecycle’s official release milestones to schedule updates for production molds or printing plates, rather than mistakenly assuming all on-shelf products must be removed by that date.
Illinois and New York: Full Coverage for Hotel Amenities and a Legislative Pivot on PFAS
In the Midwest and on the East Coast, Illinois and New York are expanding regulatory reach into the hospitality industry and cold chain logistics. Both states’ bans on single-use small plastic bottles for hotel amenities will enter a phase of full coverage starting January 1, 2026, extending applicability from large hotels to all lodging establishments with “under 50 rooms.” New York takes it a step further by expanding the scope of its EPS (polystyrene foam) ban from tableware to “containers used for cold storage.” Unless fully encased in a more durable material, standard foam coolers will face market elimination.
Of particular note is the regulatory shift regarding PFAS in Illinois. While early drafts sparked speculation about timelines for banning PFAS in food packaging and cookware, the final amended HB 2516 act has removed cookware and food packaging from the 2032 prohibition list, while other designated items proceed according to the legislated schedule. This serves as a reminder for companies tracking high-frequency legislative amendments like PFAS to rely on the final version passed by the state legislature, avoiding commercial misjudgments based on outdated drafts.
Washington, Maine, and Virginia: Price Leverage and Warnings on Compliance Gaps
Other states demonstrate different management philosophies. Washington State has opted for a “price mechanism” to drive reduction. Starting in 2026, the minimum charge for plastic film carryout bags increases to 12 cents. To prevent retailers from exploiting loopholes by switching to thick plastic bags, a special “disincentive fee” has been designed: during the transition period from 2026 to 2027, distributing plastic bags with a thickness of 4 mil or greater will incur an additional 4-cent charge (totaling 16 cents).
Maine continues its hardline stance on food safety. Expected to take effect on May 25, 2026, a PFAS ban will apply to specific plant-fiber-based food packaging (such as paper and cardboard). Exemptions are limited to manufacturers of food and beverage products with annual sales under $1 billion, requiring supply chains to establish precise reference tables for materials and coating ingredients.
Finally, the situation in Virginia highlights the risk of discrepancies between “regulatory text” and “administrative outreach.” Although local authorities have publicized that the EPS food service container ban will roll out to small vendors in mid-2026, the statutory text indicates the ban could apply to all types of vendors as early as July 2025. Faced with this ambiguity, companies are advised to adopt a conservative strategy, using the statutory date as the compliance baseline while simultaneously verifying if local governments offer grace periods or “hardship exemption” mechanisms.
Surveying the U.S. packaging regulatory landscape for 2026, it is clear that a “one-size-fits-all” approach to compliance is no longer viable. From material upgrades in California and fee controls in Washington to chemical composition lists in Maine, companies must establish differentiated management strategies tailored to specific states and maintain high vigilance regarding regulations that are still in flux.
