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§1571
Title 38: WATERS AND NAVIGATION
Chapter 15-A: DISPOSABLE FOOD SERVICE CONTAINERS
§1573

§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C. (TEXT EFFECTIVE UNTIL 7/1/25) (TEXT REPEALED 7/1/25) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered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This paragraph is repealed July 1, 2025.   [PL 2021, c. 208, §4 (AMD).]
[PL 2021, c. 208, §4 (AMD).]
SECTION HISTORY
PL 2019, c. 62, §1 (NEW). PL 2021, c. 208, §4 (AMD).
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