Prohibition on use of expanded polystyrene food service products

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(a)(1) By January 1, 2016, no food service entity shall sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed.

(2) By January 1, 2021, no retailer shall sell or offer for sale an expanded polystyrene food service product, expanded polystyrene container, or expanded polystyrene packing material.

(b) Subsection (a)(1) of this section shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers before a food service entity received them or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption.

(Dec. 17, 2014, D.C. Law 20-142, § 402, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(b), 62 DCR 10905; Apr. 16, 2020, D.C. Law 23-76, § 2(b), 67 DCR 2488.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “entity” for “business” in (a) and (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6172(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-142: Section 502(f) of D.C. Law 20-142 provided that §§ 401, 402, and 406 of the act shall apply as of December 17, 2014.


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