§1572. Prohibitions; exemptions
(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                                        (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered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.
                                     
                                
                [PL 2025, c. 151, §3 (AMD).]
              This paragraph is repealed July 1, 2027.
                                     
                                [PL 2025, c. 151, §3 (AMD).]
                        SECTION HISTORY
                        
            PL 2019, c. 62, §1 (NEW). PL 2021, c. 208, §4 (AMD). PL 2025, c. 151, §3 (AMD).