State extends exemption for polystyrene foam food containers to 2027

AUGUSTA – A new law will go into effect immediately in Maine that extends the exemption from the ban on polystyrene foam food containers to allow raw meat, poultry, seafood, and eggs to be sold in polystyrene foam containers until July 1, 2027.

Maine retailers have been granted an exemption until July
2027 to stop selling products packaged or contained in
polystyrene containers as mandated by the Maine
Legislature. Polystyrene has been linked to cancer-causing
carcinogens in humans and is not biodegradable.
COURTESY PHOTO
    

It also extends the exemption to allow retailers to sell food or beverages in or on disposable food service containers composed of polystyrene foam that is prepackaged at the wholesale level until July 1, 2027.

This law does not make any change to the ban on polystyrene foam disposable food service containers for take-out foods, bakery products, and leftovers from partially consumed meals that are currently in effect. Disposable food service containers are service ware designed for one-time use, and include bowls, plates, trays, cartons, cups, lids sleeves, or other items for containing, transporting, and serving foods.

A "frequently asked questions" guidance sheet has been prepared by the Department to provide additional information regarding who and what must comply with the ban can be found on the Departments web page at the link above.

This change in the law only extends the exemption. After July 1, 2027, all food and beverage products sold in Maine, including food prepackaged out of State by wholesalers for retail sale, cannot be packaged in polystyrene foam.

Expanded polystyrene foam, commonly but inaccurately known by the trade name Styrofoam (which is a material produced for building insulation or craftwork), has been in use since the 1960s. Because of its light weight, impact absorption, insulation qualities, and low price, it has been particularly popular for making disposable packaging and food ware.

Recently polystyrene foam service ware has become a concern for the environment as well as human health and safety. It is one of the top 10 contributors to environmental litter. It is not biodegradable, is resistant to photo-oxidization, and is difficult to recycle.

Currently in Maine, polystyrene foam is not collected for recycling and must be treated as trash. The U.S. Department of Health and Human Services' National Toxicology Program has listed styrene, a chemical found in expanded polystyrene foam, as a reasonably anticipated human carcinogen that can be transferred from expanded polystyrene foam containers into food and beverages that people consume.

To protect people and the environment, reduce litter, and keep polystyrene out of the waste stream, in 2019 the Maine Legislature passed a statewide ban on certain expanded polystyrene foam products 38 MRSA Chapter 15-A. This law bans the use of disposable polystyrene foam food service wares including any container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or other item used to contain, transport, serve or consume prepared foods, with the exception of home use and use by certain exempted entities.

For additional information, contact: David R. Madore, Deputy Commissioner david.madore@maine.gov <