# 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.

---

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