An Act To Prohibit the Use of Certain Disposable Food Service Containers
Maine Legislature, Session 128, LD 0103
Committee: Environment and Natural Resources
Sponsors: ZEIGLER, ACKLEY, RYKERSON, MIRAMANT
Amends: 38 MRSA §1652-A

Legislative Document
No. 103
H.P. 71
House of Representatives, January 17, 2017
An Act To Prohibit the Use of Certain Disposable Food Service 
Containers
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Cosponsored by Representatives: ACKLEY of Monmouth, RYKERSON of Kittery, Senator: 
MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1652-A is enacted to read: 
§1652-A.  Disposable food service containers 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Compostable," with regard to a material, means that the material will undergo 
degradation by biological processes during composting to yield carbon dioxide, 
water, inorganic compounds and biomass at a rate consistent with other materials that 
undergo degradation by biological processes 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 foods.  "Disposable food 
service container" includes service ware for take-out foods and leftovers from 
partially consumed meals prepared by food vendors, but does not include items 
composed entirely of aluminum, recyclable service ware or polystyrene foam coolers 
and ice chests that are intended for reuse. 
C.  "Polystyrene foam" means blown polystyrene and expanded foams using a 
styrene monomer. 
D.  "Recyclable," with regard to a material, means that a material that would 
otherwise be disposed of or processed as waste can be recovered, separated, collected 
and reprocessed for the purpose of using the reprocessed material in the manufacture 
of a new product. 
2.  Prohibition.  Beginning January 1, 2018, a person may not sell or distribute, at 
retail or wholesale, in the State a disposable food service container: 
A.  That is composed in whole or in part of polystyrene foam; or 
B.  That is not recyclable or compostable, unless there is no recyclable or 
compostable product available at a comparable cost as determined by the department 
in rules adopted pursuant to subsection 3. 
3.  Rules.  The department shall adopt rules to implement the provisions of this 
section.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
The purpose of this bill is to protect the environment and wildlife of the State and to 
reduce the increasing costs of litter collection and solid waste disposal by prohibiting the 
sale or distribution of disposable polystyrene food service containers, which constitute a 
sizable portion of nondegradable litter and solid waste in the State and which fragment 
into smaller, nondegradable pieces that may harm marine life and other wildlife through 
ingestion. 
Beginning January 1, 2018, this bill prohibits the sale or distribution, at retail or 
wholesale, in the State of disposable food service containers composed in whole or in part 
of polystyrene foam, as well as disposable food service containers that are not recyclable 
or compostable unless there is no recyclable or compostable product available at a 
comparable cost.  This bill requires the Department of Environmental Protection to adopt 
rules to implement these statutory provisions.