Expanded Polystyrene (EPS) Food Service Products Ban

Announcements

None at this time.

Overview

During the 2019 legislative session the Maryland General Assembly passed Chapter 579 (Sections 9-2201 through 9-2207 of the Environment Article, Annotated Code of Maryland) banning the use of food service products composed of expanded polystyrene (EPS), commonly referred to under the trademark name of Styrofoam.

EPS food service products (e.g., cups, plates, bowls, trays, etc.) left in any food service inventory should be used by July 1, 2020, when the law goes into effect. 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 foodservice product. UPDATE: See June 11, 2020 Public Notice relating to the deadline on the use of EPS foodservice products.

MDE is tasked by the legislature to conduct outreach about the ban. The county departments of health or environmental protection will oversee the enforcement of the law, and have the authority to assess fines for noncompliance.

MDE has written to hundreds of stakeholders, including food service and retail associations, schools and institutions of higher education, hospitals and medical centers, and more, as part of our outreach about the EPS ban. Additionally, MDE has developed Frequently Asked Questions with information about the new law. Finally, Montgomery County has published a List of Recyclable and Compostable Alternatives for Expanded Polystyrene Food Service Ware that contains information about vendors and alternatives to EPS products.

Waiver Process

The law allowed MDE to 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.

Since one year has passed from the time the law went into effect, on October 1, 2020, and food service businesses and schools statewide were able to use existing inventories of EPS food service products,the deadline by which MDE may issue a EPS food service product waiver has passed.

Person, Food Service Business/School Granted EPS Waiver

Currently, MDE has not granted any EPS food service product waivers.

Enforcement

EPS Food Service Product Enforcement Contact Information

Links & Resources

EPS Food Service Product Enforcement Contact Information
EPS Ban What You Need to Know
EPS Ban FAQs
EPS Recycling Grants
2019 EPS Recycling Report
June 11, 2020 Public Notice relating to the deadline on the use of EPS foodservice products
List of Recyclable and Compostable Alternatives for Expanded Polystyrene Food Service Ware by Montgomery County
Stakeholder Notice of EPS Ban for Posting
Tenedor de apuestas noticia de EPS la prohibicion de destino
MDE Land and Materials Administration Recent Legislation

Please contact the Land and Materials Administration by email or phone at 410-537-3314, if you have any questions.