Maine Code § 38-1572

Prohibitions; exemptions
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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).]
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C. (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Sell at retail food or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This paragraph is repealed July 1, 2027. [PL 2025, c. 151, §3 (AMD).]
[PL 2025, c. 151, §3 (AMD).]

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