An Act To Prohibit the Use of Ce1iain Disposable Food Service Containers
Maine Legislature, Session 129, LD 0289
Committee Amendment CA_A_H49 (House)

COMMITTEE AMENDMENT "A" to H.P. 213, L.D. 289, Bill, "An Act To 
Prohibit the Use of Ce1iain Disposable Food Service Containers" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA c. 15-A is enacted to read: 
CHAPTER 15-A 
DISPOSABLE FOOD SERVICE CONTAINERS 
§1571. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Consumer. "Consumer" means an individual who purchases or accepts food or 
beverages for use or consumption. 
2. Disposable food service container. "Disposable food service container" means 
service ware designed for one-time use. 
A. 
"Disposable food service container" includes service ware for take-out foods, 
packaged meat, eggs, bakery products and leftovers from paiiially consumed meals 
prepared by food establishments. 
B. "Disposable food service container" does not include polystyrene foam coolers or 
ice chests that are used for the processing or shipping of seafood. 
3. 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, restaurarits, grocery stores, markets, delicatessens and 
retailers of merchandise and dry goods that sell or provide food or beverages to 
consumers; 
COMMITTEE AMENDMENT 
'i\. ~ i. 
COMMITTEE AMENDMENT" A" to H.P. 213, L.D. 289 
B. Food pantries, churches, community organizations, catered events, seasonal or 
temporaiy businesses such as agrjcultural 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. 
"Food establishment" does not include a hospital licensed under Title 22, chapter 405 or a 
so-called meals on wheels 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. 
4. Political subdivision. "Political subdivision" has the same meaning as in Title 14, 
section 8102, subsection 3. 
5. Polystyrene foam. "Polystyrene foam" means blown polystyrene and expanded 
or extruded foams using a styrene monomer. 
6. Service ware. "Service ware
means a container, bowl, plate, tray, carton, cup, 
lid, sleeve, stirrer or other item designed to be used to contain, transport, serve or 
consume prepared foods. 
7. State. 
11State
has the same meaning as in Title 14, section 8102, subsection 4. 
§1572. Prohibitions; exemptions 
1. Prohibition. Beginning January 1, 2021, a food establishment may not process, 
prepare, sell or provide food or beverages in or on a disposable food service container 
that is composed in whole or in part of polystyrene foam. 
2. Plastic beverage stirrers. A food establishment providing beverages at a facility 
or function of the State or of a political subdivision may not provide beverage sthrers that 
are composed of plastic. For the purposes of this subsection, "beverage stirrer" means a 
device that is designed solely to mix liquids that are intended for internal human 
consumption and are contained in a single-serving container. 
3. Exemptions. Notwithstanding subsection 1, a food establishment may: 
A. In an emergency for the immediate preservation of the public health or safety, as 
determined applicable by the department, process, prepare, sell or provide food or 
beverages in or on a disposable food service container that is composed in whole or 
in part of polystyrene foam; 
B. Sell or provide food or beverages in or on a disposable food service container that 
is composed in whole or in part of polystyrene foam that a consumer brings to the 
food establishment; and 
C. Sell at retail food or beverages in or on a disposable food service container that is 
composed in whole or in part of polystyrene foam that the food establishment 
purchases prepackaged at wholesale. 
§1573. Penalty; rules 
1. Penalty. A violation of this chapter is a civil violation for which a fine of not 
more than $100 may be adjudged. 
COMMITTEE AMENDMENT 
\\. o\ s. 
COMMITTEE AMENDMENT "A "to H.P. 213, L.D. 289 
2. Rules. The department may adopt rules to implement the provisions of this 
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 38 MRSA c. 16-A, as amended, is repealed.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, 
repeals the existing law regarding nondegradable food and beverage containers and 
enacts a new provision of law regarding disposable food service containers. Under the 
amendment, beginning January 1, 2021, a food establishment is prohibited, subject to 
certain exemptions, from processing, preparing, selling or providing food or beverages in 
or on a disposable food service container that is composed in whole or in part of 
polystyrene foam. The amendment also: 
1. Excludes from the definition of "disposable food service container" polystyrene 
foam coolers and ice chests that are used for the processing or shipping of seafood; 
2. Adds sleeves and stirrers to the definition of "service ware"; 
3. Excludes from the definition of "food establishment" hospitals licensed under the 
Maine Revised Statutes, Title 22, qhapter 405 and so-called meals on wheels 
establishments funded in whole or in part directly or indirectly by the Department of 
Health and Human Services; and 
4. 
Incorporates from the existing law, which was repealed in the amendment, 
regarding nondegradable food and beverage containers certain definitions, a penalty 
provision and a prohibition on the use of plastic beverage stirrers by food establishments 
providing or serving beverages at a facility or function of the State or of a political 
subdivision. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/19 feac 
LD289 
LR261(02) 
An Act To Prohibit the Use of Certain Disposable Food Service Containers 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" ( H -t/ 9) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Environmental Protection as a result of rulemaking related to a prohibition 
on the use of polystyrene foam in disposable food service containers is anticipated to be minor and can be absorbed 
within existing budgeted resources. 
LR0261 (02) • Fiscal Note· Page 1 of 1