# Environment (GEN)

## Title 9. Water, Ice, and Sanitary Facilities

### Subtitle 22. Expanded Polystyrene

#### Section 9-2201

(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 Sec. 10-101(h) of the Education Article.

(f) "Unit of county government" includes:

  (1) A local health department; or

  (2) A local environmental department.

#### Section 9-2202

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.

#### Section 9-2203

(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.

#### Section 9-2204

(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.

#### Section 9-2205

The Department may grant to a food service business or school a waiver from the application of Sec. 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.

#### Section 9-2206

(a) A unit of county government shall enforce Sec. 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 Sec. 9-2203(a) of this subtitle; or

  (2) A food service business that violates Sec. 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 Sec. 9-2203 of this subtitle.

#### Section 9-2207

The Department may adopt regulations to implement this subtitle.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)