OFFICE OF THE SECRETARY OF STATE  
SHEMIA FAGAN  
SECRETARY OF STATE
CHERYL MYERS  
DEPUTY SECRETARY OF STATE
ARCHIVES DIVISION  
STEPHANIE CLARK  
DIRECTOR
800 SUMMER STREET NE  
SALEM, OR 97310  
503-373-0701
NOTICE OF PROPOSED RULEMAKING
INCLUDING STATEMENT OF NEED & FISCAL IMPACT
CHAPTER 581
OREGON DEPARTMENT OF EDUCATIONFILED
03/30/2021 4:08 PM
ARCHIVES DIVISION
SECRETARY OF STATE
FILING CAPTION: Use of Polystyrene
LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 05/20/2021   10:00 AM  
The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic 
impact of the rule on business.
CONTACT: Jeremy Wartz  
503-947-5736  
jeremy.wartz@state.or.us255 Capitol St NE  
Salem,OR 97310Filed By:  
Jeremy Wartz  
Rules Coordinator
HEARING(S) 
Auxilary aids for persons with disabilities are available upon advance request. Notify the contact listed above.
DATE: 04/22/2021  
TIME: 10:00 AM  
OFFICER: Jeremy Wartz  
ADDRESS: ODE  
255 Capitol St NE  
Salem, OR 97310  
SPECIAL INSTRUCTIONS: 
Check the ODE website, State Board 
Proposed OARs, for the ZOOM 
meeting information and link for the 
public hearing.
NEED FOR THE RULE(S):
ORS 336.445 prohibits school district to use of polystyrene foam in the service of any meal. Further, ORS 336.445 gives 
the State Board of Education authority to adopt rules for administering this policy. The proposed new rules administer 
this policy and includes defined terms used throughout, statement of the prohibited use of polystyrene, what is an 
allowable exemption and waiver, and what the Department can do if it finds a school district in violation of the rules.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:
All relevant documents will be readily available under the State Board of Education's website, Boardbook, in the April 
2021 meeting. Draft rules will also be available on ODE's website State Board Proposed OARs.
FISCAL AND ECONOMIC IMPACT:
There may be a negative fiscal impact on school districts who are using polystyrene foam products in food and beverage 
service. However, school districts with a severe negative impact may qualify for a waiver or exemption if they are 
Page 1 of 5participating in a recycling program or can show financial hardship.
COST OF COMPLIANCE: 
(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the 
rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the 
expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost 
of professional services, equipment supplies, labor and increased administration required to comply with the rule(s).
There may be a negative fiscal impact on school districts who are using polystyrene foam products in food and beverage 
service. However, school districts with a severe negative impact may qualify for a waiver or exemption if they are 
participating in a recycling program or can show financial hardship.
DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):
Small businesses were not involved in the development of these rules.
WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED?  YES
RULES PROPOSED:  
581-051-0350, 581-051-0355, 581-051-0360, 581-051-0365
ADOPT: 581-051-0350
RULE SUMMARY: ORS 336.445 prohibits the use of polystyrene foam in the service of any meal and allows the 
Department to adopt rules for administering this policy. The proposed rule defines the terms used throughout the set of 
rules related to the use of polystyrene.
CHANGES TO RULE: 
581-051-0350  
Use of Polystyrene: Definitions  
The following definitions apply to OAR 581-051-0350 to OAR 581-051-0365:¶  
(1) "Department" means the Oregon Department of Education.¶  
(2) "Financial hardship" means a situation unique to the school district that would cause significant economic 
hardship to that district.¶  
(3) "Polystyrene" means and includes expanded polystyrene which is a thermoplastic petrochemical material 
utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of 
polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding 
(extruded foam polystyrene). The term "polystyrene" also includes clear or solid polystyrene, which is known as 
"oriented polystyrene".¶  
(4) "Prepared foods and beverages" mean any food or beverage prepared for service using any cooking or food 
preparation technique. This does not include any raw foods unless those foods are ready to eat products.¶  
(5) "Products" mean food and beverage service containers designed for single use including: hot and cold beverage 
cups, bowls, cartons, hinged "clamshell" containers, cups, lids, plates, trays, or any other product designed or used 
to temporarily store or transport prepared foods or beverages.¶  
(6) "Recyclable material" has the same meaning as defined in ORS 459.005.¶  
(7) "Recycling" has the same meaning as defined in ORS 459.005.¶  
(8) "Reuse" has the same meaning as defined in ORS 459.005.¶  
(9) "School district" has the same meaning as defined in ORS 330.005.  
Statutory/Other Authority: ORS 336.445  
Statutes/Other Implemented: ORS 336.445
Page 2 of 5ADOPT: 581-051-0355
RULE SUMMARY: ORS 336.445 prohibits the use of polystyrene foam in the service of any meal and allows the 
Department to adopt rules for administering this policy. The proposed rule prohibits school districts from using 
polystyrene beginning in the 2021-2022 school year.
CHANGES TO RULE: 
581-051-0355  
Use of Polystyrene: Prohibited Use  
Beginning in the 2021-2022 school year, all school districts are prohibited from providing prepared foods and 
beverages in products made from polystyrene on school campuses except as provided in OAR 581-051-0360.  
Statutory/Other Authority: ORS 336.445  
Statutes/Other Implemented: ORS 336.445
 
Page 3 of 5ADOPT: 581-051-0360
RULE SUMMARY: ORS 336.445 prohibits the use of polystyrene foam in the service of any meal and allows the 
Department to adopt rules for administering this policy. The proposed rule outlines exemptions and waivers for the 
prohibited use of polystyrene.
CHANGES TO RULE: 
581-051-0360  
Use of Polystyrene: Exemptions and Waivers  
The following are acceptable exemptions and waivers to the prohibited use of polystyrene:¶  
(1) Recycling: If a district has developed a method for recycling polystyrene products, then the use is authorized.¶  
(2) Previously Purchased Products and Contracts:¶  
(a) If there are polystyrene products remaining in stock that were purchased prior to the 2021-2022 school year, 
the use is authorized until they are exhausted.¶  
(b) If the district has contracted for the use of polystyrene products prior to the 2021-2022 school year, and 
cannot substitute polystyrene products for non-polystyrene products, the use is authorized through the end of 
the contract period.¶  
(3) Financial Hardship Waiver Applications:¶  
(a) Upon showing by a school district that the conditions of this rule would cause undue financial hardship, the 
Department may defer the prohibitions of this rule.¶  
(b) If a school district is approved, the waiver is effective as of the date of application.¶  
(c) School districts must:¶  
(i) Apply for a waiver in the form and manner designated by the Department. ¶  
(ii) Include all information necessary for the Department to make its decision, including but not limited to, 
documentation showing the factual support for the claimed waiver.¶  
(d) The Department must publish each year between July 1 and June 30th:¶  
(i) Instructions for the waiver applications process, and¶  
(ii) A list of school districts approved for waivers.  
Statutory/Other Authority: ORS 336.445  
Statutes/Other Implemented: ORS 336.445
 
Page 4 of 5ADOPT: 581-051-0365
RULE SUMMARY: ORS 336.445 prohibits the use of polystyrene foam in the service of any meal and allows the 
Department to adopt rules for administering this policy. The proposed rule outlines requirements for school districts 
who violate the prohibited use of polystyrene.
CHANGES TO RULE: 
581-051-0365  
Use of Polystyrene: Violations  
Any district found violating this rule must:¶  
(1) Be provided technical assistance by the Department, and¶  
(2) Submit a corrective action plan to the Department.  
Statutory/Other Authority: ORS 336.445  
Statutes/Other Implemented: ORS 336.445
 
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