In this subtitle the following words have the meanings indicated. “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). “Expanded polystyrene food service product” means a product made of expanded polystyrene that is: Used for selling or providing food or beverages; and Intended by the manufacturer to be used once for eating or drinking; or Generally recognized by the public as an item to be discarded after one use. “Expanded polystyrene food service product” includes: Food containers; Plates; Hot and cold beverage cups; Trays; and Cartons for eggs or other food. “Expanded polystyrene food service product” does not include: Food or beverages that have been packaged in expanded polystyrene containers before receipt by a food service business; A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; Nonfoam polystyrene food service products; or Cartons for eggs that are made of expanded polystyrene that are shipped into the State for packaging; or Cartons of eggs that have been packaged within the State for sale within the State. “Food service business” means a business in the State that sells or provides food or beverages for consumption on or off the premises. “Food service business” includes a business or institutional cafeteria, including a cafeteria operated by or on behalf of the State or a local government. “School” includes: A public elementary or secondary school; A nonpublic elementary or secondary school; and An institution of higher education, as defined in § 10–101(h) of the Education Article. “Unit of county government” includes: A local health department; or A local environmental department.

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.

On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product. 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. This section does not prohibit a person from storing a food service product for later distribution outside the State.

The Department shall conduct a public education and outreach campaign before and during the implementation of this subtitle. The public education and outreach campaign required under subsection (a) of this section shall include: Contact with food service businesses, in consultation with relevant units of county government and relevant trade organizations; Contact with schools, in consultation with the Maryland State Department of Education; Distribution of information through State Internet and web–based resources; and News releases and news events. The Department shall conduct a public education and outreach antilittering campaign.

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.

A unit of county government shall enforce § 9–2203 of this subtitle. Subject to subsection (c) of this section, a county may impose a penalty not exceeding $250 on: A person who violates § 9–2203(a) of this subtitle; or A food service business that violates § 9–2203(b) of this subtitle. 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. A unit of county government shall notify the Department of any violation of § 9–2203 of this subtitle.

The Department may adopt regulations to implement this subtitle.