The Race to Become the First State to Ban Polystyrene Food Containers

"While hundreds of cities and counties have passed local ordinances eliminating polystyrene in food containers or in other uses, no legislation has so far been successful at the state level in the United States," reported Erica Cirino for Pacific Standard on March 5, 2018, after a statewide polystyrene foam prohibition bill had passed Hawaii's Senate for the first time in 10 years.

No state has more polystyrene ordinances than California, yet a bill to ban this type of plastic, known as expanded polystyrene, not to be confused with Styrofoam™, a Dow trade name, failed on Jan. 30, 2018, reported Cole Rosengren, editor of Waste Dive.

This is the second time that the bill's sponsor, Sen. Benjamin Allen of Santa Monica, has gotten it to the floor for a vote and missed out by a thin margin. SB 705 [known as the Ocean Pollution Reduction Act] went down on its first attempt in May 2017 by a 15-19 vote.

The Hawaii bill, SB 2498, co-sponsored by Senator Stanley Chang, would soon die in committee in the state House of Representatives, but a successor bill, SB 522, would fare better this year. According to a March 20 AP report, important parts that would ban single-use plastics were stripped from the bill, though it indicates that they deferred action on "another bill" that would ban polystyrene containers from restaurants.

Success in Maryland

"With approval from both chambers, the state legislature moved [March 12] toward making Maryland the first state in the country to ban polystyrene foam food containers and cups, reports Luke Broadwater for The Baltimore Sun (source article). It was the third attempt by Del. Brooke Lierman, a Baltimore Democrat who sponsored HB 109, to pass the landmark legislation.

A week earlier, the bill's companion in the Senate, SB 285 by Sen. Cheryl Kagan. "Food service businesses would have until Jan. 1, 2020, to transition to non-foam containers, though a one-year waiver may be available to businesses that would experience 'undue hardship' from the ban," according to The Frederick News.

"Republican Gov. Larry Hogan has not taken a position yet on whether he would sign the bill, according to a spokeswoman," adds Broadwater for The Sun. "The measure is among the priorities of Democratic leaders of the General Assembly."

Hat tip to Maryland Chapter of the Sierra Club