(a) Prohibition. Beginning January 1, 2025, 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. (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or function of the state 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. (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment may: (1) In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department of health, 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; (2) 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 (3) 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.
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