Katie Pyzyk reports for WasteDive

Maryland’s House of Delegates has advanced legislation (HB109) that would prohibit food service providers from selling food and drinks in single-use containers made from expanded polystyrene — commonly referred to as foam. Related legislation (SB285) advanced in the Maryland Senate earlier this month.

Covered establishments would include restaurants, grocery stores, food trucks, schools, movie theaters and publicly- or privately-owned cafeterias. The most recent bill language would include cups, plates, trays, take-out containers and egg cartons. Containers for meat, poultry or seafood would be excluded.


If the bill passes, food service providers would be forced to stop offering foam containers by July 1, 2020. Violators would be notified and receive three months to correct their behavior — continued non-compliance after that period would subject them to a penalty of up to $250.

If this legislation becomes law, Maryland will be the first state in the country to ban foam food and drink containers.

The bill includes provisions stating the Maryland Department of the Environment will be responsible for spearheading public education campaigns about the ban before and after it takes effect. As the legislation currently stands, the department would have the authority to grant waivers for up to one year on a case-by-case basis if it determines that certain entities would suffer undue hardship by complying with the ban.
While Maryland would be the first state to implement a foam ban, a number of local municipalities have already done so: Baltimore passed a foam ban in 2018 (set to take effect later this year), while other cities across the country including Seattle, San Francisco and New York — have enacted similar bans.
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