(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.

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(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.