Title 21
Food and Drugs

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

§ 21-27.3-2. Prohibitions and exemptions. [Effective January 1, 2025.]

(a) Prohibition. Beginning January 1, 2025, a covered establishment may not process, prepare, sell, or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.

(b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or function of the state may not provide beverage stirrers that are composed of plastic. For the purposes of this subsection, “beverage stirrer” means a device that is designed solely to mix liquids that are intended for internal human consumption and are contained in a single-serving container.

(c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment may:

(1) In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department of health, process, prepare, sell, or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam;

(2) Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the covered establishment; and

(3) Sell at retail, food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered establishment purchases prepackaged at wholesale.