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1. When does the ban on polystyrene foam food containers go into effect?

December 31, 2018

2. What kind of containers are banned?

Expanded polystyrene foam (EPS) food service containers including: hinged clamshells (like for plate lunches), cups, plates, bowls, and serving trays. If food or beverages can be served on or in it and its made of EPS, its not allowed after December 31, 2018.

3. Are raw meat trays allowed?

Yes. Polystyrene foam food containers used for raw or butchered meats, poultry, fish, or eggs are exempt unless they are provided for consumption without further food preparation (e.g., sashimi and poke).

4. Are produce / vegetable trays allowed?

No. Because these items do not present risk of contamination by raw meat-related illnesses, produce does not need a polystyrene foam tray.

5. Who can I call for help with clarification?

Call the Environmental Protection & Sustainability Hotline at (808) 270-7880.

6. How can I do more?

• Spread awareness by displaying a Foam Free Maui County window cling and/or poster. 
• Encourage customers to bring their own cutlery and straws; sell reusable options with your logo. 
• Participate: go to lovethesea.org who is partnered with more organizations and resources.

7. What are the consequences if a business doesn’t comply?

A notice of violation shall be mailed that may require any or all of the following:

• Cease and desist from the violation
• Correct the violation at the person’s own expense before a specified date    
• Pay a civil fine not to exceed $1,000.00 by a specified date
• Pay a civil fine of up to $1,000.00 per day for each day the violation persists
• More information can be found in the Administrative Rules 19.530.030 

8. I am concerned about cost; what can I do?

Work with your supplier to come up with the best solution to meet your needs. There are many types of affordable alternative products to choose from. You can raise food prices by a few cents to cover cost. Identify ways to reduce waste as reducing waste often results in saving money.  

Some ways to save money by reducing waste are:

• Give out utensils, napkins, and straws by request only.
• Recycle cardboard if you don’t already. Cardboard recycling can reduce the number of trash pick-ups (and price) per month.
• Study how much food is thrown out daily, then reduce food orders accordingly.   
• Turn off air conditioners at night, and ovens when they are not in use.

9. To view the full ordinance and administrative rules, and for more information, please visit:

• County of Maui Polystyrene Foam Food Container Ban Ordinance No 4457
• Administrative Rules Relating to Polystyrene Food Containers
• For more information