Maryland Statewide Rule
Maryland Polystyrene Foam Food Service Ban
Key Facts
- Statewide Foam Ban
- Among the first in the nation
- Covers
- Cups, clamshells, plates, and trays
- Exempt
- Pre-packaged out-of-state food
- Waivers
- Hardship waivers available
- Enforcement
- Local health departments
Summary
Maryland was among the first states to ban expanded polystyrene foam food service products statewide, prohibiting their sale and use at restaurants, schools, and food packagers under a 2019 law effective in 2020.
(a) On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product. (b) On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product. (c) This section does not prohibit a person from storing a food service product for later distribution outside the State.
Full Breakdown
Effective in 2020 under HB 109, Maryland's Environment Article prohibits food service businesses, schools, and food packagers from selling, distributing, or using expanded polystyrene foam cups, plates, clamshells, and trays. The ban covers restaurants, caterers, public schools, and grocery store hot bars. Pre-packaged food shipped from outside Maryland and certain raw meat trays remain exempt. Local health departments enforce the law and may issue waivers to small businesses showing economic hardship. The Maryland Department of the Environment maintains compliance guidance.
Violations & Penalties
Violations are civil fines starting at $250 for a first offense and rising to $500 per subsequent offense per day.
Frequently Asked Questions
Are foam coolers banned in Maryland?
Can a small restaurant get a waiver?
Sources
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