2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 15-A: DISPOSABLE FOOD SERVICE CONTAINERS › 38 §1571. Definitions

§1571. Definitions
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 62, §1 (NEW).]
1.  Consumer.
"Consumer" means an individual who purchases or accepts food or beverages for use or consumption.
[PL 2019, c. 62, §1 (NEW).]
2.  Covered establishment.
"Covered establishment" includes, but is not limited to:
A. A food establishment, as defined in Title 22, section 2152, subsection 4‑A;   [PL 2019, c. 62, §1 (NEW).]
B. An eating establishment as defined in Title 22, section 2491, except that "covered 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;   [PL 2019, c. 62, §1 (NEW).]
C. An agricultural fair as defined in Title 7, section 81, subsection 1;   [PL 2019, c. 62, §1 (NEW).]
D. A farmers' market as defined in Title 7, section 415, subsection 1, paragraph A;   [PL 2019, c. 62, §1 (NEW).]
E. A food pantry, church or community organization that provides food or beverages without charge; and   [PL 2019, c. 62, §1 (NEW).]
F. A boarding home, a retirement home, an independent living place or a nursing home.   [PL 2019, c. 62, §1 (NEW).]
[PL 2019, c. 62, §1 (NEW).]
3.  (TEXT EFFECTIVE UNTIL 7/1/25) (TEXT REPEALED 7/1/25) Disposable food service container.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, bakery products and leftovers from partially consumed meals prepared by covered establishments.   [PL 2021, c. 208, §1 (AMD).]
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.   [PL 2021, c. 208, §1 (AMD).]
This subsection is repealed July 1, 2025.
[PL 2021, c. 208, §1 (AMD).]
3-A.  (TEXT EFFECTIVE 7/1/25) 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, bakery products, leftovers from partially consumed meals prepared by covered establishments and, except as provided in paragraph B, service ware used to contain, transport or otherwise package raw, uncooked or butchered meat, poultry, fish, seafood or eggs.   [PL 2021, c. 208, §2 (NEW).]
B. "Disposable food service container" does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of seafood.   [PL 2021, c. 208, §2 (NEW).]
This subsection is effective July 1, 2025.
[PL 2021, c. 208, §2 (NEW).]
4.  Political subdivision.
"Political subdivision" has the same meaning as in Title 14, section 8102, subsection 3.
[PL 2019, c. 62, §1 (NEW).]
5.  Polystyrene foam.
"Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer.
[PL 2019, c. 62, §1 (NEW).]
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 food or beverages.
[PL 2021, c. 208, §3 (AMD).]
7.  State.
"State" has the same meaning as in Title 14, section 8102, subsection 4.
[PL 2019, c. 62, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 62, §1 (NEW). PL 2021, c. 208, §§1-3 (AMD).