3.Exemptions. Notwithstanding subsection 1, a covered establishment may: A. In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department, 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; [2019, c. 62, §1 (NEW).]B. 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or in part of polystyrene foam that a consumer brings to the covered establishment; and [2019, c. 62, §1 (NEW).]C.[Repealed effective 7/1/2025] Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered establishment purchases prepackaged at wholesale.This paragraph is repealed July 1, 2025. [2021, c. 208, §4 (AMD).]
[2021, c. 208, §4 (AMD).]