Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 38 MRSA c. 15-A is enacted to read:
CHAPTER 15-A
DISPOSABLE FOOD SERVICE CONTAINERS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
Sec. 2. 38 MRSA c. 16-A, as amended, is repealed.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill, repeals the existing law regarding nondegradable food and beverage containers and enacts a new provision of law regarding disposable food service containers. Under the amendment, beginning January 1, 2021, a food establishment is prohibited, subject to certain exemptions, from processing, preparing, selling or providing food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam. The amendment also:
1. Excludes from the definition of "disposable food service container" polystyrene foam coolers and ice chests that are used for the processing or shipping of seafood;
2. Adds sleeves and stirrers to the definition of "service ware";
3. Excludes from the definition of "food establishment" hospitals licensed under the Maine Revised Statutes, Title 22, chapter 405 and so-called meals on wheels establishments funded in whole or in part directly or indirectly by the Department of Health and Human Services; and
4. Incorporates from the existing law, which was repealed in the amendment, regarding nondegradable food and beverage containers certain definitions, a penalty provision and a prohibition on the use of plastic beverage stirrers by food establishments providing or serving beverages at a facility or function of the State or of a political subdivision.
FISCAL NOTE REQUIRED
(See attached)