Title 9. Water, Ice, and Sanitary Facilities — Subtitle 22. Expanded Polystyrene
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 9-2201 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2201LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion–blow molding (extruded foam polystyrene).
(c)
(1)
“Expanded polystyrene food service product” means a product made of expanded polystyrene that is:
(i)
Used for selling or providing food or beverages; and
(ii)
(1)
Intended by the manufacturer to be used once for eating or drinking; or
(2)
Generally recognized by the public as an item to be discarded after one use.
(2)
“Expanded polystyrene food service product” includes:
(i)
Food containers;
(ii)
Plates;
(iii)
Hot and cold beverage cups;
(iv)
Trays; and
(v)
Cartons for eggs or other food.
(3)
“Expanded polystyrene food service product” does not include:
(i)
Food or beverages that have been packaged in expanded polystyrene containers before receipt by a food service business;
(ii)
A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood;
(iii)
Nonfoam polystyrene food service products; or
(iv)
(1)
Cartons for eggs that are made of expanded polystyrene that are shipped into the State for packaging; or
(2)
Cartons of eggs that have been packaged within the State for sale within the State.
(d)
(1)
“Food service business” means a business in the State that sells or provides food or beverages for consumption on or off the premises.
(2)
“Food service business” includes a business or institutional cafeteria, including a cafeteria operated by or on behalf of the State or a local government.
(e)
“School” includes:
(1)
A public elementary or secondary school;
(2)
A nonpublic elementary or secondary school; and
(3)
An institution of higher education, as defined in § 10–101(h) of the Education Article.
(f)
“Unit of county government” includes:
(1)
A local health department; or
(2)
A local environmental department.
Md. Code Ann., Envir. § 9-2202 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2202LinkCopy Citation
This subtitle does not affect the authority of a county, municipality, or other local government to enact standards that are at least as stringent as the standards established in this subtitle.
Md. Code Ann., Envir. § 9-2203 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2203LinkCopy Citation
(a)
On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product.
(b)
On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product.
(c)
This section does not prohibit a person from storing a food service product for later distribution outside the State.
Md. Code Ann., Envir. § 9-2204 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2204LinkCopy Citation
(a)
The Department shall conduct a public education and outreach campaign before and during the implementation of this subtitle.
(b)
The public education and outreach campaign required under subsection (a) of this section shall include:
(1)
Contact with food service businesses, in consultation with relevant units of county government and relevant trade organizations;
(2)
Contact with schools, in consultation with the Maryland State Department of Education;
(3)
Distribution of information through State Internet and web–based resources; and
(4)
News releases and news events.
(c)
The Department shall conduct a public education and outreach antilittering campaign.
Md. Code Ann., Envir. § 9-2205 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2205LinkCopy Citation
The Department may grant to a food service business or school a waiver from the application of § 9–2203(b) of this subtitle for a period of up to 1 year if the Department determines that achieving compliance under this subtitle would present an undue hardship or a practical difficulty not generally applicable to other food service businesses or schools in similar circumstances.
Md. Code Ann., Envir. § 9-2206 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2206LinkCopy Citation
(a)
A unit of county government shall enforce § 9–2203 of this subtitle.
(b)
Subject to subsection (c) of this section, a county may impose a penalty not exceeding $250 on:
(1)
A person who violates § 9–2203(a) of this subtitle; or
(2)
A food service business that violates § 9–2203(b) of this subtitle.
(c)
A penalty may not be imposed under this section unless:
(1)
The unit of county government first issues a written notice of violation to the person or the food service business; and
(2)
The violation is not corrected within 3 months of receipt of the written notice.
(d)
A unit of county government shall notify the Department of any violation of § 9–2203 of this subtitle.
Md. Code Ann., Envir. § 9-2207 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 22. Expanded Polystyrene
§ 9–2207LinkCopy Citation
The Department may adopt regulations to implement this subtitle.