(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 244
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ASSEMBLY BILL NO. 244–ASSEMBLYMEMBER CONSIDINE
FEBRUARY 17, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Enacts prohibitions relating to the use of disposable
foodware containers containing polystyrene foam by
certain food dispensing establishments.
(BDR 40-685)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 1
446 of NRS) Beginning on October 1, 2025, section 3 of this bill: (1) prohibits a 2
food dispensing establishment with 10 or more locations doing business in this 3
State which offer a menu of substantially similar items from selling, preparing, 4
providing or transporting food or beverages using a disposable foodware container 5
that is made wholly or partially from polystyrene foam; and (2) makes a willful and 6
knowing violation of this prohibition subject to a civil penalty not to exceed $100 7
per day for each day upon which such a violation occurs. Section 3 exempts from 8
this prohibition a food dispensing establishment that is part of a business that has 9
less than 10 locations in this State, unless the food dispensing establishment has 1 10
or more locations doing business in states other than Nevada which have prohibited 11
the use of disposable foodware containers made wholly or partially from 12
polystyrene foam. If, before October 1, 2025, an owner or operator of a food 13
dispensing establishment purchased disposable foodware containers made wholly 14
or partially from polystyrene foam, section 6 of this bill authorizes the food 15
dispensing establishment to use the remaining inventory of such disposable 16
foodware containers. 17
Beginning on January 1, 2029, section 5 of this bill prohibits any food 18
dispensing establishment from selling, preparing, providing or transporting food or 19
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beverages using disposable foodware containers made wholly or partially from 20
polystyrene foam. 21
Section 2 of this bill applies the definitions in existing law relating to food 22
establishments to the provisions of section 3. 23
Section 4 of this bill provides that a violation of this prohibition is not a 24
misdemeanor. 25
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 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. As used in this chapter, unless the context otherwise 3
requires, the words and terms defined in NRS 446.0145 to 4
446.069, inclusive, have the meanings ascribed to them in those 5
sections. 6
Sec. 3. 1. A food dispensing establishment that has 10 or 7
more locations doing business in this State which offer a menu 8
consisting of substantially similar items shall not sell, prepare, 9
provide or transport food or beverages using a disposable 10
foodware container that is made wholly or partially from 11
polystyrene foam. 12
2. A person who willfully and knowingly violates the 13
provisions of this section is subject to a civil penalty not to exceed 14
$100 per day for each day upon which such a violation occurs. 15
3. The provisions of this section do not apply to a food 16
dispensing establishment that has less than 10 locations doing 17
business in this State unless the food dispensing establishment has 18
1 or more locations doing business in states other than Nevada 19
that have prohibited the use of disposable foodware containers 20
made wholly or partially from polystyrene foam. 21
4. As used in this section: 22
(a) “Disposable foodware container” means a single-use or 23
disposable item that is used for heating, preparing, packaging, 24
serving or transporting a prepared or ready-to-eat food or 25
beverage item. The term includes, without limitation, bowls, plates, 26
trays, cartons, clamshells, cups, lids, containers or condiment 27
cups. 28
(b) “Food dispensing establishment” has the meaning ascribed 29
to it in NRS 597.7629. 30
(c) “Polystyrene foam” means blown polystyrene, commonly 31
known as Styrofoam, and expanded or extruded foams consisting 32
of thermoplastic petrochemical materials utilizing a styrene 33
monomer and processed by fusion, injection molding, foam 34
molding or extrusion blow molding. 35
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Sec. 4. NRS 446.945 is hereby amended to read as follows: 1
446.945 Except as otherwise provided in NRS 446.872 [,] and 2
section 3 of this act, any person who violates any of the provisions 3
of this chapter is guilty of a misdemeanor. In addition thereto, such 4
persons may be enjoined from continuing such violations. Each day 5
upon which such a violation occurs shall constitute a separate 6
violation. 7
Sec. 5. Section 3 of this act is hereby amended to read as 8
follows: 9
Sec. 3. 1. A food dispensing establishment [that has 10
10 or more locations doing business in this State which offer 11
a menu consisting of substantially similar items] shall not 12
sell, prepare, provide or transport food or beverages using a 13
disposable foodware container that is made wholly or 14
partially from polystyrene foam. 15
2. A person who willfully and knowingly violates the 16
provisions of this section is subject to a civil penalty not to 17
exceed $100 per day for each day upon which such a 18
violation occurs. 19
3. [The provisions of this section do not apply to a food 20
dispensing establishment that has less than 10 locations doing 21
business in this State unless the food dispensing 22
establishment has 1 or more locations doing business in states 23
other than Nevada that have prohibited the use of disposable 24
foodware containers made wholly or partially from 25
polystyrene foam. 26
4.] As used in this section: 27
(a) “Disposable foodware container” means a single-use 28
or disposable item that is used for heating, preparing, 29
packaging, serving or transporting a prepared or ready-to-eat 30
food or beverage item. The term includes, without limitation, 31
bowls, plates, trays, cartons, clamshells, cups, lids, containers 32
or condiment cups. 33
(b) “Food dispensing establishment” has the meaning 34
ascribed to it in NRS 597.7629. 35
(c) “Polystyrene foam” means blown polystyrene, 36
commonly known as Styrofoam, and expanded or extruded 37
foams consisting of thermoplastic petrochemical materials 38
utilizing a styrene monomer and processed by fusion, 39
injection molding, foam molding or extrusion blow molding. 40
Sec. 6. Notwithstanding the provisions of section 3 of this act, 41
if, before October 1, 2025, the owner or operator of a food 42
dispensing establishment, as defined in NRS 597.7629, purchased 43
disposable foodware containers, as defined in section 3 of this act, 44
that are made wholly or partially from polystyrene foam, as defined 45
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in section 3 of this act, for use in or by the food dispensing 1
establishment, the food dispensing establishment may use any 2
remaining inventory of the disposable foodware containers until the 3
inventory of such disposable foodware containers is depleted. 4
Sec. 7. 1. This section and sections 1 to 4, inclusive, and 6 of 5
this act become effective on October 1, 2025. 6
2. Section 5 of this act becomes effective on January 1, 2029. 7
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