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Measure would phase out polystyrene takeout containers in Nevada, limit initial scope to chains and expand statewide by 2029
Summary
AB 244 would ban polystyrene (Styrofoam) takeout containers from certain restaurants immediately and from all food‑dispensing establishments starting Jan. 1, 2029; the bill includes a civil penalty of $100 per day for knowing violations and allows existing inventory to be used.
Assemblywoman Venetia Considine presented Assembly Bill 244 to the Senate Committee on Health and Human Services, saying the measure aims to reduce polystyrene pollution and related health risks tied to styrene exposure.
Considine described the bill as narrowly targeted in several phases. From the bill’s effective date through Jan. 1, 2029, the prohibition would apply to Nevada restaurants with 10 or more locations with substantially similar menus and to chain restaurants that already operate in a state that has banned polystyrene containers. Beginning Jan. 1, 2029, the ban would extend to all food‑dispensing establishments as defined in the Nevada Revised Statutes. The sponsor said grocery and convenience stores are not included and that commercial polystyrene used for shipping or fresh‑product transport is not affected.
Considine said the Assembly amendment and text make the definitions and effective dates explicit and that the penalty was narrowed to a civil sanction: $100 per day for a knowing violation. "A food dispensing establishment may use any remaining inventory of disposable foodware containers until the inventory is depleted," she said, noting intent to avoid abrupt disruption for small businesses.
Environmental groups and conservation organizations strongly supported the bill. Olivia Tanninger, director of the Sierra Club Toiyabe Chapter, described polystyrene as persistent in the environment and cited a Desert Research Institute study that found polystyrene among common submerged materials in Lake Tahoe; she said a 2023 study found polystyrene accounted for 16.5% of submerged material samples from the lake. The Nature Conservancy in Nevada, the Nevada Conservation League and the Nevada Environmental Justice Coalition also testified in favor.
Business groups engaged in negotiations about the bill. The Vegas Chamber said it moved from opposition to neutral after an amendment was adopted. The American Chemistry Council testified in opposition, arguing that any packaging has an environmental footprint and suggesting a statewide waste‑assessment study before broad bans are adopted; the ACC referenced work in other states recommending assessments of collection, processing and markets for recovered materials.
Sponsor and supporters said the bill is intended to "nudge" the market toward recyclable and compostable alternatives, reduce litter and microplastic pollution, and encourage manufacturers and distributors to supply alternatives in Nevada. Considine said the phased approach, inventory allowance and narrow initial scope were designed to reduce economic hardship for small businesses while motivating larger chains and suppliers to shift materials.
No committee vote was recorded at the hearing.
