An Act To Prohibit the Use of Certain Disposable'Jr Polystyrene Food Service Containers
Maine Legislature, Session 127, LD 0468
Committee Amendment CA_A_H187 (House)

COMMITTEE AMENDMENT" LI" to H.P. 307, L.D. 468, Bill, "An Act To 
Prohibit the Use of Certain Disposable'Jr Polystyrene Food Service Containers" 
Amend the bill in section 1 in § 1652-A in subsection 1 by striking out all of 
paragraphs A and B (page 1, lines 6 to 17 in L.D.) and inserting the following: 
'A. 
"Compostable" means material that will undergo degradation by biological 
processes during composting to yield carbon dioxide, water, inorganic compounds 
and biomass and leave no visible, distinguishable or toxic residue, including no 
adverse impact on the ability of compost to support plant growth once the compost is 
placed in soil. 
B. "Disposable food service container" means a container, bowl, plate, tray, carton, 
cup, lid or other item designed for one-time use for prepared food. "Disposable food 
service container" includes service ware for take-out foods and leftovers from 
partially consumed meals prepared by food vendors. 
"Disposable food service 
container" does not include: 
(1) Items composed entirely of aluminum or paper; 
(2) Recyclable service ware; or 
(3) Polystyrene foam coolers and ice chests that are intended for reuse or for the 
shipping or transportation of prepared food. 
For the purposes of this paragraph, "prepared food" has the same meaning as in Title 
36, section 1752, subsection 8-A.' 
Amend the bill in section 1 in § 1652-A in subsection 2 by adding at the end the 
following: 
'This prohibition does not apply to the use of disposable food service containers necessary 
for compliance with applicable state or federal food safety laws, rules or regulations.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 307, L.D. 468 
SUMMARY 
This amendment, which is the minority report of the committee, amends the bill as 
follows: 
1. 
It changes the definition of "compostable" to remove the phrase "at a rate 
consistent with other materials that undergo degradation by biological processes"; 
2. It changes the definition of "disposable food service container" to provide a cross-
reference for the term "prepared food" and to clarify that "disposable food service 
container" does not include items composed entirely of paper or aluminum and does not 
include polystyrene foam coolers and ice chests that are intended for reuse or for the 
shipping or transportation of prepared food; and 
3. It provides that the prohibition in the bill does not apply to the use of disposable 
food service containers necessary for compliance with applicable state or federal food 
safety laws, rules or regulations. 
fISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04127/15 
Mac::.. 
LD 468 
LR 723(02) 
An Act To Prohibit the Use of Certain Disposable or Polystyrene Food Service Containers 
Fiscal Note for Bill as Amended by Committee Amendment A{ /I-/f,l 
Committee: Environment and Natural Resources 
) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Enviromnental Protection from not allowing people to sell or distribute 
food service containers containing polystyrene foam or that are not recyclable or compostable in certain circumstances 
are expected to be minor and can be absorbed within existing budgeted resources. 
LR0723(02) - Fiscal Note - Page 1 of 1