In 2026, packaging policy continues to expand in scope and complexity. New mandates, fragmented state regulations, and in-flux federal safety standards all converge around how restaurants package, serve, and deliver food.
For multi-unit operators, commissaries, distributors, and independent restaurants alike, the challenge is no longer whether packaging rules are changing; it’s how quickly and how unevenly they are changing across jurisdictions. The result is a patchwork landscape that demands proactive oversight rather than reactive adjustments.
Below, we unpack the key developments that have emerged in the last couple of months and explain what they mean for your restaurant or foodservice business.
In early 2026, New Jersey adopted a new policy that changes default service practices for take-out and delivery orders. Effective August 1, 2026, restaurants, food trucks, and other foodservice businesses in the state may no longer automatically include single-use utensils, condiment packets, or napkins with take-out orders. Instead, these items must be provided only when the customer specifically requests them. Full-service restaurants with seating capacity of ten or more are also required to offer reusable utensils for dine-in customers.
This policy aligns with similar approaches that have already been implemented in some other jurisdictions. For example, California and Washington State have passed laws that require single-use plastic cutlery and other accessories to be available only upon request. Cities such as New York City and Denver have also enacted “utensils upon request” ordinances.
While systematic data on the operational effects of these laws is limited due to their recent adoption, early reporting and advocacy estimates suggest potential cost and waste reductions for foodservice operators. For example, campaigns in select cities report that delivery services have avoided tens of millions of unnecessary plastic utensils entering waste streams, with corresponding savings for restaurants on materials they did not need to purchase or distribute.
While not all of this year’s news broke in the last two months, the ongoing phase-out of polystyrene foam has now taken effect in a majority of U.S. states and continues to shape sourcing strategy in 2026.
In the most recent phase of expansion, several states have moved from partial restrictions to full enforcement. Virginia completed its staged ban in 2025, extending restrictions to all food vendors statewide. Oregon’s prohibition became effective in 2025, with enforcement continuing through 2026. Colorado’s restrictions also recently took effect. These states join earlier adopters, including California, New York, New Jersey, Maine, Maryland, Vermont, Washington, Rhode Island, and Delaware.
States with longer-standing bans have reported measurable reductions in foam waste. Prior to New York’s statewide prohibition, expanded polystyrene was consistently cited among the most common litter items in coastal and urban cleanups. Maryland reported declines in foam container litter after its 2020 ban, and California cleanup data similarly identified polystyrene fragments as a persistent source of marine debris before legislative action. While national impact studies remain limited, state-level reporting indicates reductions in visible foam waste where bans are in place.
Despite a lack of unified federal PFAS legislation targeting food packaging, the state regulatory landscape keeps moving. A late-2025 analysis found that 14 states have already enacted laws addressing PFAS in food contact packaging, with an additional ~10 bills pending.
New Jersey passed the Protecting Against Forever Chemicals Act in January 2026, which prohibits intentionally added PFAS in food packaging beginning 2028.
Colorado, Connecticut, Maine, Minnesota, Vermont, and Washington implemented new PFAS disclosure and prohibition requirements effective January 1, 2026, covering a broad range of consumer products including food packaging in many cases.
Minnesota requires manufacturers to submit detailed PFAS product reports by July 1, 2026, including information on the amount of PFAS in products, how it is used, and other supply chain data.
New Hampshire enacted a PFAS ban that will take effect January 1, 2027, which includes food packaging among other categories.
In addition to outright bans, several states now require reporting, labeling, or disclosure for products containing intentionally added PFAS, even if a full prohibition is not yet in place. These regulatory approaches vary in scope and timing, but together they form a patchwork of state-driven requirements that extend beyond packaging alone.
On the federal front, the U.S. Food and Drug Administration (FDA) continues to push its Food Traceability Rule, part of the Food Safety Modernization Act (FSMA), aimed at rapidly identifying contaminated foods and removing them from the market.
The final rule requires operators who handle certain foods on the Food Traceability List to maintain detailed records of key data elements, including critical tracking events in the supply chain. These foods include items historically associated with higher foodborne illness risk, such as leafy greens, certain cheeses, shell eggs, and fresh-cut fruits and vegetables.
While the original compliance deadline was January 20, 2026, enforcement has been postponed to July 20, 2028, giving the industry a planning window.
Recent draft guidance emphasizes that packaging companies and food suppliers must incorporate batch or lot coding and record-keeping systems to enable rapid traceability.
For restaurant operators with centralized kitchens, commissaries, or multi-location logistics, this rule highlights the need for traceability systems, data architecture, and record workflows, not just food safety policies.
What’s emerging most clearly in 2026 is that food packaging compliance can no longer be viewed as a single regulatory box to check. Instead, operators face:
A patchwork of state material restrictions and labeling requirements, which complicates sourcing and distribution for multi-state brands.
The risk of interstate commerce challenges as state regulations continue to diverge, prompting industry and legal debates about preemption and federal involvement.
This complexity means that operational leaders from supply chain to compliance must track policy shifts as part of routine planning, not just when an audit looms.
Taking these developments into account, here are the operational actions worth prioritizing:
Map all the materials you use — from utensils and condiments to clamshells and cups — against the evolving regulatory landscape. This will prevent last-minute surprises (and possible fines) in states with material bans.
Insist on PFAS disclosures, traceability data, and compliance certificates from all tier one suppliers. It’s increasingly standard practice — and will protect you from state-specific enforcement risk.
Even with an extended FDA deadline, aligning internal systems for batch coding and record keeping will keep you ahead of 2028 compliance deadlines and reduce risk during recalls.
Policies like “Skip the Stuff” signal that customers will soon expect choice rather than assumption in packaging. Embedding this in POS, training, and order prep reduces waste and strengthens the customer experience.
Regulatory noise around packaging has moved far beyond abstract “sustainability talk.” Today, packaging decisions influence margins, operational flows, and customer trust. Restaurants that proactively align with these shifts will not only avoid fines but also signal operational excellence in an increasingly value-conscious market.
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