AUGUSTA — Maine has delayed for the second time a full phaseout of polystyrene foam food containers.
Gov. Janet Mills signed a law, LD 1306, on May 30 as an emergency measure, meaning it took effect immediately. Under the law, two exemptions to the state’s ban on the containers will continue until July 1, 2027, after which no food or drink packaged in foam will be allowed on Maine store shelves.
The exemptions apply to food items including raw meat, poultry, seafood and eggs that are sold in the foam containers, and retailers can continue to sell food and beverages in foam containers if it was prepackaged at a wholesale level.
The Department of Environmental Protection in a news release notifying the public of the emergency bill emphasized that the exemptions do not apply to foam containers used by restaurants, take-out counters or grocery stores to package ready-to-eat items. The state’s ban on those uses remains in effect.
“This change in the law only extends the exemption,” DEP said in the release. “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.”
The Department of Environmental Protection has updated its website’s frequently asked questions clarifying how the extension works. It also reminds retailers that enforcement is still in effect for other facets of the ban. Businesses including restaurants, grocery stores, delis, bakeries and cafes still cannot use polystyrene products to package food and drink. Reusable, recyclable or compostable packaging must be used.
Polystyrene foam — a material long used for its low cost, light weight and effectiveness at insulating hot or cold foods — has been criticized for the hundreds of years it takes to naturally biodegrade. It’s also considered a contributor to litter and microplastic pollution.
Maine was one of the first states to ban polystyrene foam and single-use plastic bags with the passages of LD 289 and LD 1532 in 2019 in an effort to reduce non-recyclable waste products. The foam law would have taken effect in 2021, but was delayed until 2025 to allow industries more time to adjust. Likewise, the plastic bag ban was delayed a year in 2020 in an effort not to further affect industries during the COVID-19 pandemic.
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