Guidance on Polystyrene Foam Food Service Container Ban

Answer: 38 MRSA Chapter 15-A will be enforced as of July 1, 2021. Once the law is in effect, a covered establishment may not process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed partly or entirely of polystyrene foam.

Answer: Any service ware designed for one-time use, such as for take-out foods, beverages, bakery products or leftovers from partially consumed meals prepared by covered establishments is considered a disposable food service container. Raw proteins such as meat, poultry, seafood and eggs and some pre-packaged food are currently exempted, but will be included at a later date (see Questions 4 and 5).

Answer: A container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or other item designed to be used to contain, transport, serve or consume prepared foods.

Answer: Yes. In this case, “prepared” refers to making food ready for sale and includes manufacturing, processing, packaging, storing or holding before sale or otherwise preparing food for sale to consumers.

• Polystyrene foam coolers or ice chests used for processing or shipping seafood;
• In the event of an emergency, as determined applicable by the department, covered establishments may use disposable polystyrene foam food service ware for the immediate preservation of public health or safety.
• Lastly, the following temporary exemptions implemented via emergency legislation¹ in June of 2025 will be repealed on July 1, 2027:
• Retail food and beverages prepackaged at wholesale in disposable food service containers composed in whole or in part of polystyrene foam when not repackaged by the retailer;
• Polystyrene foam trays and cartons for “raw proteins” including raw eggs, seafood, meat, and poultry.

• Retailers may sell food products purchased from wholesalers that are packaged in polystyrene foam and sell directly to the consumer if the retailer does not disturb the original polystyrene foam packaging.
• If a retailer re-packages the product, the retailer must comply with this law and not use polystyrene foam packaging. Addition of a retail pricing label only does not constitute re-packaging.

This exemption is in effect until July 1, 2027, at which time items purchased prepackaged at wholesale by a retailer may no longer be sold at retail if the packaging is composed partly or entirely of polystyrene foam.

Answer: Whether derived from petroleum or plant-based sources, even compostable or biodegradable foam disposable food service containers may be made with a polystyrene and/ or styrene additive. This is in order to provide extruded foam with the desired expansion properties and these products would not be exempt. However, foam food service containers that are not formulated with styrene continue to be exempt under this law.

Answer: Licensed hospitals² and any “meals on wheels” programs that receive funding from the Department of Health and Human Services are not covered establishments under this law.

• Food establishments including a factory, plant, warehouse or store in which food and food products are manufactured, processed, packed, or held prior to sale and a caregiver or a registered dispensary that prepare food containing marijuana for medical use;
• Food establishments ³ also include businesses that prepare food and food products which are shipped to Maine customers through the mail or other delivery services (FedEx, United Parcel Service, etc.) or through their own delivery services;
• Eating establishments, which include any place where food or drink is prepared and served or served to the public for consumption on or off the premises;
• An agricultural fair;
• A farmers' market;
• A food pantry, church, or community organization that provides food or beverages without charge; and
• A boarding home, retirement home, independent living place or nursing home.

Answer: The exemption for polystyrene foam does not apply to mail or other direct delivery meal kits or food products ready for sale, as the point of sale for meal kits is in Maine with sales directly to consumers, just as with products sold in the retail environment.

Companies that provide mail-delivery or other direct-to-consumer delivery of meal kits or food products must comply with this law and cease the use of polystyrene foam containers, coolers, or ice chests in meal delivery kits purchased by Maine consumers once the law goes into effect.

Answer: Yes. This law does not ban the sale of packaged polystyrene items (plates, cups, bowls, etc.) intended for home use.

Answer: Municipal ordinances that do not contradict the statewide law will remain in place, as per 30-A M.R.S.A. § 3001.