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An Act To Prohibit Extruded Polystyrene Food Service Containers
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1651, sub-§§1-A and 1-B  are enacted to read:
 
1-A.  Extruded polystyrene foam.     "Extruded polystyrene foam" means blown polystyrene and expanded and extruded foams using a styrene monomer.
 
1-B.  Extruded polystyrene foam food service container.     "Extruded polystyrene foam food service container" means a container made in whole or in part with extruded polystyrene foam, including, but not limited to, a cup, bowl, plate, tray, carton or other container designed for use for food or beverages and a foam cooler that is not encased in another material.
Sec. 2. 38 MRSA §1651, sub-§2, as enacted by PL 1987, c. 804, is repealed.
Sec. 3.  38 MRSA §1651, sub-§2-A  is enacted to read:
 
2-A.  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, restaurants, grocery stores, markets, delicatessens and retailers of merchandise and dry goods that sell or provide food or beverages to consumers;
 
B.  Food pantries, churches, community organizations, catered events, seasonal or temporary businesses such as agricultural 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.
Sec. 4. 38 MRSA §1652, as amended by PL 2011, c. 657, Pt. BB, §16, is further amended to read:
§ 1652.State and political subdivision facilities and functions
 
1. Prohibition.   A food serviceestablishment providing or serving individual portions of food or a beverage at a facility or function of the State or of a political subdivision may not provide or serve those portions in or on containers that are composed in whole or in part of extruded polystyrene foam plastic, unless the food serviceestablishment recycles the containers following use.
 
1-A. Prohibition on plastic beverage stirrers.   A food serviceestablishment providing or serving a beverage at a facility or function of the State or of a political subdivision shallmay not provide beverage stirrers that are composed of plastic. For the purposes of this subsection, the term, "beverage stirrer," ismeans a device whichthat is designed solely for the purpose of mixing liquids intended for internal human consumption in single serving containers.
 
2. Schools.   A school or school administrative district shall comply with the provisions of this section except that a food serviceestablishment providing such services to satellite facilities at the school or school administrative district serviced by central kitchen facilities not at the same location is exempt. A school or school administrative district may submit a request to the department for a 3-year waiver from the provisions of this section. The department may grant the requested waiver as long as:
 
A. The request includes an explanation of the district's financial hardship and a waste reduction plan. The plan must be designed to achieve the goal of using durable containers in place of disposable containers, unless it is shown that the use of durable containers is not feasible and alternative goals are proposed. The plan must include a proposed capital plan for the acquisition of necessary equipment; and
 
B. The school or school administrative district has held a public hearing on the proposal to use extruded polystyrene foam food service containers and the waste reduction plan.
 
The department may renew the waiver for 2-year periods if it finds that the school or school administrative district has made reasonable progress toward implementing the waste reduction plan. The department, within available resources, may provide technical and financial assistance to schools and school administrative districts to assist them with meeting the goal of using durable containers.
 
3. Meals on wheels.   A food serviceestablishment 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 is exempt.
Sec. 5.  38 MRSA §1652-A  is enacted to read:
§ 1652-A. Prohibition of extruded polystyrene foam food service containers
 
1.  Prohibition of extruded polystyrene foam food service containers.     Except as provided in subsection 2 and except for food establishments providing food or beverages under section 1652, a food establishment may not process, prepare, sell or provide food or beverages in or on an extruded polystyrene foam food service container.
 
2.  Exemptions.     A food establishment may process, prepare, sell or provide food or beverages in or on an extruded polystyrene foam food service container:
 
A.  In an emergency for the immediate preservation of the public health or safety;
 
B.  That a member of the public brings to the food establishment; and
 
C.  For the retail sale of items that the food establishment receives wholesale in packaging that contains extruded polystyrene foam.
Sec. 6. 38 MRSA §1654, as enacted by PL 1987, c. 804, is repealed.
 
SUMMARY
This bill prohibits food establishments from processing, preparing, selling or providing food in or on an extruded polystyrene foam food service container with certain exceptions.