A.B. 244
- *AB244*
ASSEMBLY BILL NO. 244–ASSEMBLYMEMBER CONSIDINE
FEBRUARY 17, 2025
____________
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 establishments. (BDR 40-685)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to food establishments; prohibiting certain food
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 July 1, 2025, section 3 of this bill: (1) prohibits a food 2
establishment with 10 or more locations doing business in this State which offer a 3
menu of substantially similar items from selling, preparing, providing or 4
transporting food or beverages using a disposable foodware container that is made 5
wholly or partially from polystyrene foam; and (2) makes a willful and knowing 6
violation of this prohibition subject to a civil penalty not to exceed $1,000 for each 7
violation. Section 3 exempts from this prohibition a food establishment that is part 8
of a business that has less than 10 locations in this State, unless the food 9
establishment has 1 or more locations doing business in states other than Nevada 10
which have prohibited the use of disposable foodware containers made wholly or 11
partially from polystyrene foam. If, before July 1, 2025, an owner or operator of a 12
food establishment purchased disposable foodware containers made wholly or 13
partially from polystyrene foam, section 6 of this bill authorizes the food 14
establishment to use the remaining inventory of such disposable foodware 15
containers. 16
Beginning on January 1, 2029, section 5 of this bill prohibits any food 17
establishment from selling, preparing, providing or transporting food or beverages 18
using disposable foodware containers made wholly or partially from polystyrene 19
foam. 20
Section 2 of this bill applies the definitions in existing law relating to food 21
establishments to the provisions of section 3. 22
– 2 –
- *AB244*
Section 4 of this bill provides that a violation of this prohibition is not a 23
misdemeanor. 24
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 establishment that has 10 or more 7
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
$1,000 for each violation. 15
3. The provisions of this section do not apply to a food 16
establishment that has less than 10 locations doing business in this 17
State unless the food establishment has 1 or more locations doing 18
business in states other than Nevada that have prohibited the use 19
of disposable foodware containers made wholly or partially from 20
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) “Polystyrene foam” means blown polystyrene, commonly 29
known as Styrofoam, and expanded or extruded foams consisting 30
of thermoplastic petrochemical materials utilizing a styrene 31
monomer and processed by fusion, injection molding, foam 32
molding or extrusion blow molding. 33
Sec. 4. NRS 446.945 is hereby amended to read as follows: 34
446.945 Except as otherwise provided in NRS 446.872 [,] and 35
section 3 of this act, any person who violates any of the provisions 36
of this chapter is guilty of a misdemeanor. In addition thereto, such 37
persons may be enjoined from continuing such violations. Each day 38
– 3 –
- *AB244*
upon which such a violation occurs shall constitute a separate 1
violation. 2
Sec. 5. Section 3 of this act is hereby amended to read as 3
follows: 4
Sec. 3. 1. A food establishment [that has 10 or more 5
locations doing business in this State which offer a menu 6
consisting of substantially similar items] shall not sell, 7
prepare, provide or transport food or beverages using a 8
disposable foodware container that is made wholly or 9
partially from polystyrene foam. 10
2. A person who willfully and knowingly violates the 11
provisions of this section is subject to a civil penalty not to 12
exceed $1,000 for each violation. 13
3. [The provisions of this section do not apply to a food 14
establishment that has less than 10 locations doing business in 15
this State unless the food establishment has 1 or more 16
locations doing business in states other than Nevada that have 17
prohibited the use of disposable foodware containers made 18
wholly or partially from polystyrene foam. 19
4.] As used in this section: 20
(a) “Disposable foodware container” means a single-use 21
or disposable item that is used for heating, preparing, 22
packaging, serving or transporting a prepared or ready-to-eat 23
food or beverage item. The term includes, without limitation, 24
bowls, plates, trays, cartons, clamshells, cups, lids, containers 25
or condiment cups. 26
(b) “Polystyrene foam” means blown polystyrene, 27
commonly known as Styrofoam, and expanded or extruded 28
foams consisting of thermoplastic petrochemical materials 29
utilizing a styrene monomer and processed by fusion, 30
injection molding, foam molding or extrusion blow molding. 31
Sec. 6. Notwithstanding the provisions of section 3 of this act, 32
if, before July 1, 2025, the owner or operator of a food 33
establishment, as defined in NRS 446.020, purchased disposable 34
foodware containers, as defined in section 3 of this act, that are 35
made wholly or partially from polystyrene foam, as defined in 36
section 3 of this act, for use in or by the food establishment, the food 37
establishment may use any remaining inventory of the disposable 38
foodware containers until the inventory of such disposable foodware 39
containers is depleted. 40
Sec. 7. 1. This section and sections 1 to 4, inclusive, and 6 of 41
this act become effective on July 1, 2025. 42
2. Section 5 of this act becomes effective on January 1, 2029. 43
H