Maryland's Ban on Expanded Polystyrene (EPS), Styrofoam Food Service Products What You Need to Know

The Law During the 2019 legislative session the Maryland General Assembly passed Chapter

579 (Sections 92201 through 9-2207 of the Environment Article, Annotated Code of

Maryland) banning the use of food service products (e.g., cups, plates, bowls, trays,

etc.) composed of expanded polystyrene (EPS), commonly referred to under the trademark name

of Styrofoam. The law states that on or after July 1, 2020, a person may not sell or offer for sale

in the state an EPS food service product; and a food service business or school may not sell or

provide food or beverages in an EPS food service product.

Emergency Extension

Because of the Covid-19 pandemic and on behalf of the Hogan Administration, Secretary of the

Environment Ben Grumbles issued a public notice extending the deadline for food service

businesses or schools to stop selling or providing food or beverages in EPS food service

products to October 1, 2020, or 30 days after Maryland’s COVID-19 State of Emergency is

terminated, whichever is earlier. The Public Notice was issued pursuant to Governor Larry

Hogan’s proclamation of a state of emergency and a catastrophic health emergency related to

COVID-19. The public notice is a very limited time extension to help schools or business use up

existing inventories of ESP. It does not change other aspects of the law, including the July 1,

2020 deadline for a person (e.g. an EPS manufacturer or wholesaler) to sell an EPS food service

product in the State. For example, a restaurant with existing inventory of EPS cups may continue

to provide beverages in those cups until October 1, 2020, or 30 days after Maryland’s COVID-19

State of Emergency is terminated, whichever is earlier. However, a distributor of EPS cups is

prohibited from selling new EPS cups to that restaurant, effective July 1, 2020.

Discretionary Waiver

Under the law, the Maryland Department of the Environment (MDE) may grant to a food service

business or school a waiver from the law for a period of up to one year if the department

determines that achieving compliance would present an undue hardship or a practical difficulty

not generally applicable to other food service businesses or schools in similar circumstances.

Enforcement

A county’s local health or environmental department shall enforce the law. A county may

impose a penalty not exceeding $250 on a person or food service business that violates any part

of the law. A penalty may not be imposed under this section unless: the unit of county

government first issues a written notice of violation to the person or the food service business;

and the violation is not corrected within 3 months of receipt of the written notice. The law

requires the county to notify MDE of any violation of the law.