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LD 1306

An Act To Continue The Exemption For Polystyrene Foam Disposable Food Service Containers Prepackaged At Wholesale

132nd Legislature (2025-2026) Introduced by Amy Arata and 8 co-sponsors

The bill continues the exemption allowing prepackaged at-wholesale polystyrene foam disposable food containers to be sold and used.

Signed by Governor
#containers #polystyrenefoodservice #wastes
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WeVote Research Nonpartisan
Bill Summary · LD 1306

Summary — LD 1306

An Act To Continue The Exemption for Polystyrene Foam Disposable Food Service Containers Prepackaged at Wholesale

Overview / Purpose

LD 1306 continues an existing statutory exemption that allows polystyrene foam disposable food service containers (commonly referred to as “Styrofoam” containers) that are prepackaged at wholesale to remain lawful despite broader restrictions on polystyrene disposable food service items. The bill was enacted as amended and signed by the Governor as an emergency measure.

Key provisions

  • Continues the exemption for polystyrene foam disposable food service containers that are prepackaged at wholesale (i.e., packaged for resale by a wholesaler before reaching retail or food-service end users).
  • The enacted version of the bill incorporates Committee Amendment “A” (S‑92); the bill was passed to be engrossed and enacted as amended.
  • The bill was treated as an emergency measure, requiring and receiving a two‑thirds vote in the House.

(Note: The bill text itself is not included here; this summary reflects the bill title, amendment and legislative actions provided.)

Who is affected

  • Wholesalers and manufacturers who package polystyrene foam disposable food service containers for resale will continue to be able to distribute those prepackaged products.
  • Retailers that purchase prepackaged polystyrene foam containers from wholesalers will be able to continue selling them.
  • Entities subject to other statutory restrictions on polystyrene containers (for example, bans on on‑site use by food establishments) are not expanded by this exemption; the bill specifically addresses the prepackaged‑at‑wholesale category.

Fiscal impact

  • Two fiscal notes (04/24/25 and 05/22/25) state: “Minor cost increase - Other Special Revenue Funds.”
  • Any additional costs to the Department of Environmental Protection are expected to be minor and can be absorbed within existing budgeted resources.

Legislative timeline & status

  • Introduced: March 27, 2025; referred to the Committee on Environment and Natural Resources.
  • Committee action: Voted OTP‑AM, adopted Committee Amendment “A” (S‑92), reported out May 15, 2025.
  • Passed both chambers and enacted as an emergency measure (two‑thirds required and obtained).
  • Governor signed the bill: May 30, 2025 — bill status: Signed by Governor / Enacted.

Effective date

  • Because the Legislature passed LD 1306 as an emergency measure, it takes effect upon enactment — i.e., upon the Governor’s signature (signed May 30, 2025).

Notes

  • The summary is based on the bill title, legislative actions, and fiscal notes provided. The specific statutory language of the continued exemption (as modified by Committee Amendment A) is not included here; consult the enacted bill text for exact legal language and any definitional details.

Compiled from official sources — confirm details with the bill’s official record.

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