Maine Statewide Rule

Maine Polystyrene Foam Container Ban Statewide

Some RestrictionsApplies statewide across Maine (2026)

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.

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)

Source: 38 MRSA §1572 - Prohibitions; exemptions

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?

No. Disposable polystyrene foam food service containers are prohibited statewide for restaurants and most food sellers under 38 MRS § 1572.

Are there exemptions to Maine's foam ban?

Yes. Raw meat, poultry, seafood and eggs, and wholesale-prepackaged foods, are exempt until July 1, 2027 under Title 38, Chapter 15-A.

Sources

38 MRS section 1612 Legislature

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