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- 83rd Session (2025)
Assembly Bill No. 244–Assemblymember Considine
CHAPTER..........
AN ACT relating to food dispensing establishments; prohibiting
certain food dispensing establishments from selling,
preparing, providing or transporting food or beverages using
disposable foodware containers made from polystyrene foam;
providing civil penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various requirements for food establishments. (Chapter
446 of NRS) Beginning on October 1, 2025, section 3 of this bill: (1) prohibits a
food dispensing establishment with 10 or more locations doing business in this
State which offer a menu of substantially similar items fro m selling, preparing,
providing or transporting food or beverages using a disposable foodware container
that is made wholly or partially from polystyrene foam; and (2) makes a willful and
knowing violation of this prohibition subject to a civil penalty not to exceed $100
per day for each day upon which such a violation occurs. Section 3 exempts from
this prohibition a food dispensing establishment that is part of a business that has
less than 10 locations in this State, unless the food dispensing establishment has 1
or more locations doing business in states other than Nevada which have prohibited
the use of disposable foodware containers made wholly or partially from
polystyrene foam. If, before October 1, 2025, an owner or operator of a food
dispensing establishment purchased disposable foodware containers made wholly
or partially from polystyrene foam, section 6 of this bill authorizes the food
dispensing establishment to use the remaining inventory of such disposable
foodware containers.
Beginning on January 1, 2029, section 5 of this bill prohibits any food
dispensing establishment from selling, preparing, providing or transporting food or
beverages using disposable foodware containers made wholly or partially from
polystyrene foam.
Section 2 of this bill applies the definitions in existing law relating to food
establishments to the provisions of section 3.
Section 4 of this bill provides that a violation of this prohibition is not a
misdemeanor.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 446 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 446.0145 to
446.069, inclusive, have the meanings ascribed to them in those
sections.
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- 83rd Session (2025)
Sec. 3. 1. A food dispensing establishment that has 10 or
more locations doing business in this State which offer a menu
consisting of substantially similar items shall not sell, prepare,
provide or transport food or beverages using a disposable
foodware container that is made wholly or part ially from
polystyrene foam.
2. A person who willfully and knowingly violates the
provisions of this section is subject to a civil penalty not to exceed
$100 per day for each day upon which such a violation occurs.
3. The provisions of this section do not apply to a food
dispensing establishment that has less than 10 locations doing
business in this State unless the food dispensing establishment has
1 or more locations doing business in states other than Nevada
that have prohibited the use of disposable foodware containers
made wholly or partially from polystyrene foam.
4. As used in this section:
(a) “Disposable foodware container” means a single -use or
disposable item that is used for heating, preparing, packagi ng,
serving or transporting a prepared or ready -to-eat food or
beverage item. The term includes, without limitation, bowls, plates,
trays, cartons, clamshells, cups, lids, containers or condiment
cups.
(b) “Food dispensing establishment” has the meaning ascribed
to it in NRS 597.7629.
(c) “Polystyrene foam” means blown polystyrene, commonly
known as Styrofoam, and expanded or extruded foams consisting
of thermoplastic petrochemical materials utilizing a styrene
monomer and processed by fusion, injection molding, foam
molding or extrusion blow molding.
Sec. 4. NRS 446.945 is hereby amended to read as follows:
446.945 Except as otherwise provided in NRS 446.872 [,] and
section 3 of this act, any person who violates any of the provisions
of this chapter is guilty of a misdemeanor. In addition thereto, such
persons may be enjoined from continuing such violations. Each day
upon which such a violation occurs shall constitute a separate
violation.
Sec. 5. Section 3 of this act is hereby amended to read as
follows:
Sec. 3. 1. A food dispensing establishment [that has
10 or more locations doing business in this State which offer
a menu consisting of substantially similar items ] shall not
sell, prepare, provide or transport food or beverages using a
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- 83rd Session (2025)
disposable foodware container that is made wholly or
partially from polystyrene foam.
2. A person who willfully and knowingly violates the
provisions of this section is subject to a civil penalty not to
exceed $100 per day for each day upon which such a
violation occurs.
3. [The provisions of this section do not apply to a food
dispensing establishment that has less than 10 locations doing
business in this State unless the food dispensing
establishment has 1 or more locations doing business in states
other than Nevada that have prohibited the use of disposable
foodware containers made wholly or partially from
polystyrene foam.
4.] As used in this section:
(a) “Disposable foodwar e container” means a single -use
or disposable item that is used for heating, preparing,
packaging, serving or transporting a prepared or ready -to-eat
food or beverage item. The term includes, without limitation,
bowls, plates, trays, cartons, clamshells, c ups, lids, containers
or condiment cups.
(b) “Food dispensing establishment” has the meaning
ascribed to it in NRS 597.7629.
(c) “Polystyrene foam” means blown polystyrene,
commonly known as Styrofoam, and expanded or extruded
foams consisting of thermoplastic petrochemical materials
utilizing a styrene monomer and processed by fusion,
injection molding, foam molding or extrusion blow molding.
Sec. 6. Notwithstanding the provisions of section 3 of this act,
if, befo re October 1, 2025, the owner or operator of a food
dispensing establishment, as defined in NRS 597.7629, purchased
disposable foodware containers, as defined in section 3 of this act,
that are made wholly or partially from polystyrene foam, as defined
in section 3 of this act, for use in or by the food dispensing
establishment, the food dispensing establishment may use any
remaining inventory of the disposable foodware containers until the
inventory of such disposable foodware containers is depleted.
Sec. 7. 1. This section and sections 1 to 4, inclusive, and 6 of
this act become effective on October 1, 2025.
2. Section 5 of this act becomes effective on January 1, 2029.
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