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Committee hears bill to ban sale of polystyrene packing peanuts

March 03, 2025 | 2025 Legislature ME , Maine


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Committee hears bill to ban sale of polystyrene packing peanuts
Senator Denise Tepler, sponsor of LD 476, told the Environment and Natural Resources Committee that the bill would ban the sale of loose expanded polystyrene packing materials, commonly called packing peanuts, in Maine.

Tepler, who identified herself as representing Senate District 24, told lawmakers expanded polystyrene is “one of the most common forms of plastic pollution in our oceans” and that “styrene is poisonous to humans and fish and marine mammals.” She said the small pieces are easily blown out of landfills, reach coastal waters and can be mistaken for food by marine animals. Tepler described a personal trip to Ambergris Caye in which polystyrene washed up in mangroves and on beaches and urged the committee to “join me in voting to ban expanded polystyrene packing pieces to protect our oceans, our marine animals, our fishing industry, and the beauty of shorelines here and elsewhere.”

Carla Hopkins, director of the Division of Materials Management in the Bureau of Remediation and Waste Management at the Maine Department of Environmental Protection, testified in opposition. Hopkins noted the state already has a 2019 statutory ban on single-use polystyrene food-service containers and said that law is codified as Title 38, chapter 15‑A. She said that statute “prohibits the use of single use disposable polystyrene foam food service containers by food establishments” but does not ban sale of those containers.

Hopkins told the committee LD 476 would take a different approach by banning sale of loose packing materials rather than banning use, and warned that “there will be confusion as to how these different products fall under very different restrictions regarding their sale and use.” She said the bill’s wording could be read to include sheets and blocks of polystyrene used for shipping large items and components that combine polystyrene with other materials. Hopkins also said the draft would not prohibit distribution of products that are packaged using polystyrene foam into the state.

Committee members asked clarifying questions. Representative Campbell confirmed the bill is intended as an addition to the existing ban on polystyrene food containers. Representative Mike Sobolevski asked whether a similar proposal had appeared in a prior session; Tepler and staff suggested related ideas had been considered in different forms previously and recommended further discussion at the committee work session. Representative Lori Oster and others thanked Tepler and the department for their testimony.

No committee vote was recorded during this hearing. The committee indicated it would discuss LD 476 further at its work session.

The hearing record shows proponents emphasized marine pollution and human-health concerns, while Department of Environmental Protection staff raised legal and enforcement questions about drafting and scope. The committee must reconcile those concerns before taking a formal vote or recommending a revision.

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