An Act To Amend the Laws Banning Polystyrene Foam To Exclude Packaging for Meat, Poultry, Fish, Seafood and Eggs
Maine Legislature, Session 130, LD 1631
Committee: Environment and Natural Resources
Sponsors: MARTIN, JACKSON, STEWART
Amends: 38 MRSA §1571

Legislative Document
No. 1631
H.P. 1214
House of Representatives, April 27, 2021
An Act To Amend the Laws Banning Polystyrene Foam To Exclude 
Packaging for Meat, Poultry, Fish, Seafood and Eggs
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MARTIN of Eagle Lake.
Cosponsored by Senators: President JACKSON of Aroostook, STEWART of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, due to the pandemic related to the novel coronavirus disease, the 
Department of Environmental Protection has delayed until July 1, 2021 the enforcement of 
the law prohibiting the processing, preparation, sale or provision of food or beverages by 
certain establishments in or on a polystyrene foam disposable food service container, which 
was set to take effect on January 1, 2021; and
Whereas, that law exempts from its prohibition the retail sale of food or beverages 
that certain establishments purchase prepackaged at wholesale in or on a polystyrene foam 
disposable food service container; and
Whereas, that exemption has been interpreted to allow meat, poultry, fish, seafood 
and eggs from out-of-state producers, but not Maine-based producers, to be sold at retail in 
Maine when purchased prepackaged at wholesale in or on a polystyrene foam disposable 
food service container; and
Whereas, to ensure fairness in the treatment of both out-of-state and Maine-based 
meat, poultry, fish, seafood and egg producers under that law prior to its anticipated 
enforcement beginning July 1, 2021, immediate enactment of this legislation is necessary; 
and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1571, sub-§3, as enacted by PL 2019, c. 62, §1, is amended to 
read:
3.  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 partially consumed meals 
prepared by covered 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 or service ware used 
to contain, transport or otherwise package raw, uncooked or butchered meat, poultry, 
fish, seafood or eggs.
Sec. 2.  38 MRSA §1571, sub-§6, as enacted by PL 2019, c. 62, §1, is amended to 
read:
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 food or beverages.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
Current law prohibits the processing, preparation, sale or provision of food or 
beverages by certain establishments in or on a polystyrene foam disposable food service 
container.  This bill, which is emergency legislation, amends the definition of "disposable 
food service container" under that law to exclude service ware used to contain, transport or 
otherwise package raw, uncooked or butchered meat, poultry, fish, seafood or eggs.  It also 
clarifies the meaning of "service ware" as used under that law.