Title 21
Food and Drugs

Chapter 27.3
Disposable Food Service Containers [Effective January 1, 2025.]

§ 21-27.3-1. Definitions. [Effective January 1, 2025.]

As used in this chapter:

(1) “Consumer” means an individual who purchases or accepts food or beverages for use or consumption.

(2) “Covered establishment” includes, but is not limited to:

(i) A “food service establishment,” which shall have the same meaning set forth in § 21-27-1.

(ii) A food service establishment shall not include:

(A) A hospital or a so-called meals on wheels establishment funded in whole or in part directly or indirectly by or through the executive office of health and human services to provide meals at dispersed locations from central kitchen facilities;

(B) An “agricultural fair,” which shall mean a fair held annually at a set location in a county to exhibit local agricultural products and livestock;

(C) A “farmers’ market,” which shall have the same meaning as set forth in § 21-27-1;

(D) A food pantry, church, or community organization that provides food or beverages without charge; and

(E) A boarding home, a retirement home, an independent living facility, an assisted living facility, or a nursing home.

(3) “Disposable food service container” means service ware designed for one-time use. This definition includes service ware for take-out foods and leftovers from partially consumed meals prepared by covered establishments. This definition does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of food.

(4) “Polystyrene foam” means blown polystyrene and expanded or extruded foams using a styrene monomer.

(5) “Service ware” means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer, or other item designed to be used to contain, transport, serve, or consume prepared foods.