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.
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.
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C. (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered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 This paragraph is repealed July 1, 2027.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).]
This paragraph is repealed July 1, 2027.