1. Short title This Act may be cited as the Farewell to Foam Act of 2023 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Biological product The term biological product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (3) Covered polystyrene foam ware The term covered polystyrene foam ware means— (A) an expanded polystyrene cooler; (B) an expanded polystyrene food service ware; and (C) expanded polystyrene loose fill. (4) Distributor The term distributor means any person that distributes covered polystyrene foam ware that is sold or offered for sale in the United States. (5) Drug The term drug has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) Expanded polystyrene The term expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or combination of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). (7) Expanded polystyrene cooler (A) In general The term expanded polystyrene cooler means a portable container made entirely or partially of expanded polystyrene that is designed or intended to be used for cold storage. (B) Exclusion The term expanded polystyrene cooler excludes portable containers intended to be used for drugs, medical devices, or biological products. (8) Expanded polystyrene food service ware (A) In general The term expanded polystyrene food service ware means a product made of expanded polystyrene that is— (i) used for selling or providing food or beverages; and (ii) (I) intended by the manufacturer to be used once for eating or drinking