An Act To Prohibit Extruded Polystyrene Food Service Containers
Maine Legislature, Session 129, LD 0621
Committee: Environment and Natural Resources
Sponsors: CARNEY, MILLETT, DENK, GROHOSKI, LANDRY, MAXMIN, TALBOT ROSS, ZEIGLER, BREEN, CARSON
Amends: 38 MRSA §1651, 38 MRSA §1652, 38 MRSA §1652-A, 38 MRSA §1654

Legislative Document
No. 621
H.P. 449
House of Representatives, February 5, 2019
An Act To Prohibit Extruded Polystyrene Food Service Containers
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARNEY of Cape Elizabeth.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: DENK of Kennebunk, GROHOSKI of Ellsworth, LANDRY of Farmington, 
MAXMIN of Nobleboro, TALBOT ROSS of Portland, ZEIGLER of Montville, Senators: 
BREEN of Cumberland, CARSON of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1651, sub-§§1-A and 1-B are enacted to read:
1-A.  Extruded polystyrene foam.  "Extruded polystyrene foam" means blown 
polystyrene and expanded and extruded foams using a styrene monomer.
1-B.  Extruded polystyrene foam food service container.  "Extruded polystyrene 
foam food service container" means a container made in whole or in part with extruded 
polystyrene foam, including, but not limited to, a cup, bowl, plate, tray, carton or other 
container designed for use for food or beverages and a foam cooler that is not encased in 
another material.
Sec. 2.  38 MRSA §1651, sub-§2, as enacted by PL 1987, c. 804, is repealed.
Sec. 3.  38 MRSA §1651, sub-§2-A is enacted to read:
2-A.  Food establishment.  "Food establishment" means a retail, wholesale or other 
establishment that processes, prepares, sells or provides food or beverages.  "Food 
establishment" includes, but is not limited to:
A.  Convenience stores, restaurants, grocery stores, markets, delicatessens and 
retailers of merchandise and dry goods that sell or provide food or beverages to 
consumers;
B.  Food pantries, churches, community organizations, catered events, seasonal or 
temporary businesses such as agricultural fairs or farmers' markets and events that 
provide food or beverages without charge; and
C.  Any place that manufactures, processes, prepares, bottles, packages, handles or 
stores food or beverages for retail sale or wholesale sale.
Sec. 4.  38 MRSA §1652, as amended by PL 2011, c. 657, Pt. BB, §16, is further 
amended to read:
§1652.  State and political subdivision facilities and functions
1.  Prohibition.  A food service establishment providing or serving individual 
portions of food or a beverage at a facility or function of the State or of a political 
subdivision may not provide or serve those portions in or on containers that are composed 
in whole or in part of extruded polystyrene foam plastic, unless the food service 
establishment recycles the containers following use.
1-A.  Prohibition on plastic beverage stirrers.  A food service establishment 
providing or serving a beverage at a facility or function of the State or of a political 
subdivision shall may not provide beverage stirrers that are composed of plastic.  For the 
purposes of this subsection, the term, "beverage stirrer," is means a device which that is 
designed solely for the purpose of mixing liquids intended for internal human 
consumption in single serving containers.
2.  Schools.  A school or school administrative district shall comply with the 
provisions of this section except that a food service establishment providing such services 
to satellite facilities at the school or school administrative district serviced by central 
kitchen facilities not at the same location is exempt.  A school or school administrative 
district may submit a request to the department for a 3-year waiver from the provisions of 
this section.  The department may grant the requested waiver as long as:
A.  The request includes an explanation of the district's financial hardship and a waste 
reduction plan.  The plan must be designed to achieve the goal of using durable 
containers in place of disposable containers, unless it is shown that the use of durable 
containers is not feasible and alternative goals are proposed.  The plan must include a 
proposed capital plan for the acquisition of necessary equipment; and
B.  The school or school administrative district has held a public hearing on the 
proposal to use extruded polystyrene foam food service containers and the waste 
reduction plan.
The department may renew the waiver for 2-year periods if it finds that the school or 
school administrative district has made reasonable progress toward implementing the 
waste reduction plan.  The department, within available resources, may provide technical 
and financial assistance to schools and school administrative districts to assist them with 
meeting the goal of using durable containers.
3.  Meals on wheels.  A food service establishment funded in whole or in part, 
directly or indirectly, by the Department of Health and Human Services to provide meals 
at dispersed locations from central kitchen facilities is exempt.
Sec. 5.  38 MRSA §1652-A is enacted to read:
§1652-A.  Prohibition of extruded polystyrene foam food service containers
1.  Prohibition of extruded polystyrene foam food service containers.  Except as 
provided in subsection 2 and except for food establishments providing food or beverages 
under section 1652, a food establishment may not process, prepare, sell or provide food 
or beverages in or on an extruded polystyrene foam food service container.
2.  Exemptions.  A food establishment may process, prepare, sell or provide food or 
beverages in or on an extruded polystyrene foam food service container:
A.  In an emergency for the immediate preservation of the public health or safety;
B.  That a member of the public brings to the food establishment; and
C.  For the retail sale of items that the food establishment receives wholesale in 
packaging that contains extruded polystyrene foam.
Sec. 6.  38 MRSA §1654, as enacted by PL 1987, c. 804, is repealed.
SUMMARY
This bill prohibits food establishments from processing, preparing, selling or 
providing food in or on an extruded polystyrene foam food service container with certain 
exceptions.