Polystyrene Food Service Products Ban
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Overview
State law bans the use of nearly all "expanded polystyrene (EPS)," commonly referred to under the trademark name of Styrofoam and is defined as a type of lightweight, plastic foam often used to make single-use food containers, cups, plates, and trays, in food service. These items, commonly recognized as disposable packaging, are typically used for transporting food and drinks. Some items, like egg cartons shipped into Maryland, EPS used for raw meats, and food or beverages that have been packaged in EPS containers before receipt by a Maryland food service business are exempt.
The law applies to food service businesses, such as restaurants, cafeterias, and other establishments that sell or provide food and beverages, including those run by schools or government agencies, food service product manufacturers, distributors, and retailers. Schools under this law include all public and private elementary, secondary, and higher education institutions. Local health and environmental departments also play a role in enforcement.
Maryland's ban on EPS food service products, effective since July 1, 2020, requires restaurants and similar businesses to adopt alternative packaging solutions.
Alternative Packaging Options
Businesses are encouraged to use packaging materials that are recyclable or compostable. Common alternatives include:
- Paper-based products: Containers made from paper or other plant fibers, such as sugarcane, rice, or bamboo, are viable options.
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Polylactic acid (PLA) lined paper: These plant-based resin-lined papers are suitable for hot and cold products, withstanding temperatures between 32°F and 185°F, and are microwave and oven safe.
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Recyclable plastics: Materials like PET (polyethylene terephthalate) and PP (polypropylene) are more easily recyclable compared to EPS and can serve as durable alternatives.
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.
Compliance and Resources
Local jurisdictions may have additional requirements. For instance, Montgomery County mandates that all food service businesses use compostable or recyclable disposable food service ware.
It's important to note that local jurisdictions may have additional regulations and penalties. For example, in Anne Arundel County, businesses found non-compliant may receive an initial warning, with subsequent fines ranging from $50 to $500.
EPS Environmental Impact: Quick Facts
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500+ Years to Decompose – Sticks around for centuries in landfills.
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Major Pollutant – Millions of tons produced yearly, much of it becomes litter.
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Harms Marine Life – Breaks into microplastics, often ingested by sea animals.
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Leaches Chemicals – Can release harmful toxins into food and drinks.
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Air Pollution – Production releases greenhouse gases and pollutants.
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Low Recycling Rates – Less than 1% of polystyrene is recycled globally.
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Health Risks – Contains styrene, linked to cancer and nervous system damage.
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Costly to Manage – Litter cleanup costs millions annually.
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Clogs Landfills – Takes up 30% of landfill space by volume.
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Sustainable Alternatives Exist – Compostable, biodegradable options are better for the planet..
Links & Resources
Please contact the Land and Materials Administration by
email or phone at 410-537-3314, if you have any questions.
