Maine Statewide Rule
Maine Polystyrene Foam Container Ban Statewide
Key Facts
- Rule
- Effective July 1, 2021
- Statute
- 38 MRS § 1572 (Ch. 15-A)
- Distinction
- First state polystyrene ban
- Exemptions
- Raw meat/wholesale until 2027
- Enforcement
- Maine DEP (§ 1573)
Summary
Maine prohibits the sale and distribution of disposable polystyrene foam food service containers under 38 MRS § 1572 (Title 38, Chapter 15-A), the first such statewide ban in the United States.
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.
Full Breakdown
Enacted in 2019 (PL 2019, ch. 62) and effective July 1, 2021, Maine's polystyrene ban at 38 MRS § 1572 (Title 38, Chapter 15-A) prohibits restaurants, food trucks, retailers, and caterers from selling or distributing disposable polystyrene foam food service containers, including cups, plates, bowls, trays, and clamshells. Exemptions for wholesale-prepackaged food and for raw meat, poultry, seafood, and eggs run until July 1, 2027. The Maine Department of Environmental Protection administers compliance under 38 MRS § 1573, and municipalities may adopt stricter rules. Reusable, paper, or compostable alternatives are encouraged.
Violations & Penalties
Violators face civil penalties under 38 MRS § 1573 after warning notices, with fines escalating for repeat offenses and ongoing noncompliance.
Frequently Asked Questions
Are foam takeout containers legal in Maine?
Are there exemptions to Maine's foam ban?
Sources
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