An Act To Prevent Pollution from Single-use Plastic Straws, Splash Sticks and Beverage Lid Plugs
Maine Legislature, Session 130, LD 0602
Committee: Environment and Natural Resources
Sponsors: MIRAMANT, BRENNER, DOUDERA, DUNPHY, GEIGER, HEPLER, LOOKNER, TALBOT ROSS
Amends: 38 MRSA §1612

Legislative Document
No. 602
S.P. 241
In Senate, March 1, 2021
An Act To Prevent Pollution from Single-use Plastic Straws, Splash 
Sticks and Beverage Lid Plugs
Received by the Secretary of the Senate on February 25, 2021.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Senator: BRENNER of Cumberland, Representatives: DOUDERA of 
Camden, DUNPHY of Old Town, GEIGER of Rockland, HEPLER of Woolwich, LOOKNER 
of Portland, McCREIGHT of Harpswell, TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1612 is enacted to read:
§1612.  Plastic beverageware reduction
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Beverage lid plug or splash stick" means a device designed to prevent the escape 
of heat, steam or liquid from a lidded beverage cup by covering or plugging an opening 
or openings in the lid of the cup.
B.  "Drinking straw" means a hollow, tube-shaped device designed for use by an 
individual to transfer a beverage within a container to the mouth of the individual.
C.  "Eating establishment" has the same meaning as in Title 22, section 2491, 
subsection 7.
D.  "Food establishment" has the same meaning as in Title 22, section 2152, subsection 
4-A.
E.  "Plastic" means an organic or petroleum derivative synthetic or a semisynthetic 
organic solid that is moldable and to which additives or other substances may have 
been added.  "Plastic" includes natural and biologically based polymers, regardless of 
whether such polymers have been chemically modified and regardless of whether such 
polymers are marketed or sold as marine-degradable, compostable or biodegradable.
F.  "Single-use beverageware" means a drinking straw or beverage lid plug or splash 
stick that is designed for one-time use.
2.  Manufacturing prohibition.  Beginning January 1, 2022, a person may not 
manufacture in the State single-use beverageware made wholly or partly of plastic, 
regardless of whether the single-use beverageware is intended to be sold or distributed as 
part of or packaged with another product.
3.  Sales prohibition.  Beginning January 1, 2022, a person may not sell or offer for 
sale or distribute in the State, at wholesale or retail, single-use beverageware made wholly 
or partly of plastic, regardless of whether the single-use beverageware is sold, offered for 
sale or distributed as part of or packaged with another product.
This subsection does not apply to the sale, offering for sale or distribution in the State of 
single-use beverageware made wholly or partly of plastic:
A.  To licensed nursing homes, medical facilities or hospitals; or
B.  That is attached to or packaged with a juice box or pouch and sold, offered for sale 
or distributed to child care facilities licensed under Title 22, section 8301-A or to 
elementary schools as defined in Title 20-A, section 1, subsection 10.
4.  Food establishment and eating establishment prohibition.  Beginning January 1, 
2022, a food establishment or eating establishment may not provide single-use 
beverageware made wholly or partly of plastic to a customer at a point of sale or otherwise 
make such single-use beverageware available to customers within the establishment.
This subsection does not apply to the provision of single-use beverageware made wholly 
or partly of plastic by a food establishment or eating establishment that is a licensed nursing 
home, medical facility or hospital.  This subsection does not prevent a customer of a food 
establishment or eating establishment from bringing single-use beverageware made wholly 
or partly of plastic to the establishment for the customer's own use.
5.  Nonplastic single-use beverageware; fee.  Beginning January 1, 2022, a food 
establishment or eating establishment may provide single-use beverageware not made 
wholly or partly of plastic to a customer only at a point of sale and only upon the customer's 
request. A food establishment or eating establishment may not otherwise make single-use 
beverageware not made wholly or partly of plastic available to customers within the 
establishment, including, but not limited to, through the use of a self-service station for 
single-use beverageware.
A food establishment or eating establishment that provides single-use beverageware not 
made wholly or partly of plastic to a customer pursuant to this subsection shall require the 
customer to pay to the establishment a fee of not less than 5 cents for each such item of 
single-use beverageware provided.  Fees collected by a food establishment or eating 
establishment pursuant to this subsection are to be retained by the establishment and may 
be used for any lawful purpose.
6.  Violations.  A person who violates any provision of this section is subject to civil 
penalties under section 349.
SUMMARY
Beginning January 1, 2022, this bill prohibits the manufacture and the sale and 
distribution, at retail or wholesale, of single-use drinking straws, splash sticks and beverage 
lid plugs made wholly or partly of plastic and prohibits food establishments and eating 
establishments from providing such items to customers at a point of sale or otherwise 
making such items available to customers.  Food establishments and eating establishments 
are authorized under the bill to provide, only upon the request of a customer and only at a 
point of sale, single-use drinking straws, splash sticks or beverage lid plugs not made of 
plastic as long as they collect a fee from the customer of not less than 5 cents for each such 
item provided.  Such establishments are authorized to retain and use such collected fees for 
any lawful purpose.