Maine Revised Statutes Title 38 Sec. 1572 – Prohibitions; exemptions
Current as of: 2023 | Check for updates
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Prohibition. Beginning January 1, 2021, a covered establishment may not process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.
[PL 2019, c. 62, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1572
- Consumer: means an individual who purchases or accepts food or beverages for use or consumption. See Maine Revised Statutes Title 38 Sec. 1571
- Covered establishment: includes , but is not limited to:
A. See Maine Revised Statutes Title 38 Sec. 1571Disposable food service container: includes service ware for take-out foods, bakery products and leftovers from partially consumed meals prepared by covered establishments. See Maine Revised Statutes Title 38 Sec. 1571 Polystyrene foam: means blown polystyrene and expanded or extruded foams using a styrene monomer. See Maine Revised Statutes Title 38 Sec. 1571
2. Plastic beverage stirrers. A covered establishment providing beverages at a facility or function of the State or of a political subdivision may not provide beverage stirrers that are composed of plastic. For the purposes of this subsection, “beverage stirrer” means a device that is designed solely to mix liquids that are intended for internal human consumption and are contained in a single-serving container.
[PL 2019, c. 62, §1 (NEW).]
3. Exemptions. Notwithstanding subsection 1, a covered establishment may:
A. In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam; [PL 2019, c. 62, §1 (NEW).]
B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the covered establishment; and [PL 2019, c. 62, §1 (NEW).]
C. (TEXT EFFECTIVE UNTIL 7/1/25) (TEXT REPEALED 7/1/25) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered establishment purchases prepackaged at wholesale.
This paragraph is repealed July 1, 2025. [PL 2021, c. 208, §4 (AMD).]
[PL 2021, c. 208, §4 (AMD).]
SECTION HISTORY
PL 2019, c. 62, §1 (NEW). PL 2021, c. 208, §4 (AMD).