GUIDANCE ON POLYSTYRENE FOAM FOOD SERVICE CONTAINER BAN

This document describes 38 MRSA Chapter 15-A, a statewide law banning the use of disposable polystyrene foam food service containers by covered establishments. The Department of Environmental Protection will update this guidance document as additional questions are received.

Question 1: When does the law take effect, Answer: Yes. In this case, “prepared” refers to and what will it change? making food ready for sale and includes manufacturing, processing, packaging, storing Answer: 38 MRSA Chapter 15-A will be or holding before sale or otherwise preparing enforced as of July 1, 2021. Once the law is in food for sale to consumers. effect, a covered establishment may not process, prepare, sell or provide food or Question 5: Are there exemptions for certain beverages in or on a disposable food service uses or situations? container that is composed partly or entirely of polystyrene foam. Answer: Yes. Disposable polystyrene containers may be used for the following Question 2: What is a “disposable food purposes or in the following situations: service container”? • Polystyrene foam coolers or ice chests used Answer: Any service ware designed for one- for processing or shipping seafood; time use, such as for take-out foods, • In the event of an emergency, as beverages, bakery products or leftovers from determined applicable by the department, partially consumed meals prepared by covered covered establishments may use disposable establishments is considered a disposable food polystyrene foam food service ware for the service container. Raw proteins such as meat, immediate preservation of public health or poultry, seafood and eggs and some pre- safety. packaged food are currently exempted, but will • Lastly, the following temporary exemptions be included at a later date (see Questions 4 and implemented via emergency legislation1 in 5). June of 2021 will be repealed on July 1, 2025: Question 3: What is “service ware”? − Retail food and beverages Answer: A container, bowl, plate, tray, carton, prepackaged at wholesale in cup, lid, sleeve, stirrer or other item designed to disposable food service containers be used to contain, transport, serve or consume composed in whole or in part of prepared foods. polystyrene foam when not repackaged by the retailer; Question 4: Does this law apply to service − Polystyrene foam trays and cartons ware for foods that are not for “raw proteins” including raw eggs, ready-to-eat? seafood, meat, and poultry.

1 SeeH.P.1214,L.D.1631,“AnActToAmendtheLaws Banning PolystyreneFoamTo ExcludePackagingforMeat, Poultry,Fish, Seafoodand Eggs”formoreinformation.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep Question 6: How are wholesalers of food Question 8: Who does not need to comply products impacted by this law? with this law? Answer: As noted above, the law includes a Answer: Licensed hospitals2 and any “meals on temporary exemption for the sale at retail of wheels” programs that receive funding from the prepackaged food products purchased by a Department of Health and Human Services are retailer at wholesale. not covered establishments under this law. • Retailers may sell food products purchased from wholesalers that are packaged in Question 9: Who needs to comply with this polystyrene foam and sell directly to the law? consumer if the retailer does not disturb the Answer: The following are covered original polystyrene foam packaging. establishments that must comply with this law: • If a retailer re-packages the product, the • Food establishments including a factory, retailer must comply with this law and not use polystyrene foam packaging. Addition of a plant, warehouse or store in which food and retail pricing label only does not constitute re- food products are manufactured, processed, packed, or held prior to sale and a caregiver packaging. or a registered dispensary that prepare food This exemption is in effect until July 1, 2025, at containing marijuana for medical use; which time items purchased prepackaged at • Food establishments3 also include businesses wholesale by a retailer may no longer be sold at that prepare food and food products which retail if the packaging is composed partly or are shipped to Maine customers through the entirely of polystyrene foam. mail or other delivery services (FedEx, United Parcel Service, etc.) or through their own Question 7: Are compostable, plant-based, or delivery services; biodegradable disposable foam food service containers exempt under this law? • Eating establishments, which include any place where food or drink is prepared and Answer: Whether derived from petroleum or served or served to the public for plant-based sources, even compostable or consumption on or off the premises; biodegradable foam disposable food service • An agricultural fair; containers are typically made with a styrene additive in order to provide extruded foam with • A farmers' market; the desired expansion properties, and are • A food pantry, church, or community therefore not exempt. organization that provides food or beverages without charge; and

2Specifically, any 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. 3For more information, see: food establishment, as defined in Title 22, section 2152, subsection 4-A; eating establishment as defined in Title 22, section 2491 including “places in the entertainment, hospitality, recreation, restaurant and tourism industries; catering establishments; correctional facilities; mobile eating places; public and private schools; retail frozen dairy product establishments; and workplace eating establishments and places where food is prepared for vending machines dispensing food other than in original sealed packages”; agricultural fair as defined in Title 7, section 81, subsection 1; farmers' market as defined in Title 7, section 415, subsection 1, paragraph A.

2 • A boarding home, retirement home, containers, coolers, or ice chests in meal independent living place or nursing home. delivery kits purchased by Maine consumers once the law goes into effect. Question 10: How are companies that provide mail-delivery or other parcel Question 11: Will covered establishments delivery system (UPS, FedEx, food still be allowed to sell packaged disposable product specific delivery trucks) food polystyrene foam containers for home use? products or meal kits impacted by this law? Answer: Yes. This law does not ban the sale of packaged polystyrene items (plates, cups, Answer: The exemption for polystyrene bowls, etc.) intended for home use. foam does not apply to mail or other direct delivery meal kits or food products ready for Question 12: Will municipal polystyrene foam sale, as the point of sale for meal kits is in ordinances remain in place when the Maine with sales directly to consumers, just statewide law passes? as with products sold in the retail environment. Answer: Municipal ordinances that do not contradict the statewide law will remain in place, Companies that provide mail-delivery or as per 30-A M.R.S.A. § 3001. other direct-to-consumer delivery of meal kits or food products must comply with this law and cease the use of polystyrene foam

For Questions Regarding the Polystyrene Foam Food Service Container Ban: [email protected]

Original Issue Date: 09/25/2020 Last Updated: 06/25/2021

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