AB 244 — Enacts prohibitions relating to the use of disposable foodware containers containing polystyrene foam by certain food dispensing establishments. (BDR 40-685)

(ReprintedAssembly withBill amendmentsNo. adopted on April 14, 2025) FIRST REPRINT A.B.

244244–Assemblymember AConsidine SSEMBLYCHAPTER.......... B ILLN O.

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 dispensing 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.

(Chapter foodof dispensingNRS) establishmentBeginning withon 10October or1, more2025, locationssection doing3 business in thiss a State which offer a menu of substantiallythis similarbill: items from selling, preparing, providing or transporting food or beverages using a disposable foodware container that is made wholly or partially from polystyrene foam;

and(1) (2)prohibits makes a willfulState andwhich knowingoffer violation of this prohibition subject to a civilmenu penalty not to exceed $100 this prohibition a food dispensing establishment that is part of asubstantially businesssimilar thatitems hasfrom lessselling, thanpreparing, 10providing locationsor intransporting this State, unless the food dispensing establishment has 1 or morebeverages locationsusing doinga business in states other than Nevada which have prohibited the use of disposable foodware containerscontainer that is made wholly or partially from polystyrene foam.foam;

If,and before(2) Octobermakes 1,a 2025,willful anand ownerknowing orviolation operator of athis foodprohibition dispensingsubject establishmentto purchaseda disposablecivil foodwarepenalty containersnot madeto whollyexceed dispensing$100 establishmentper today usefor theeach remainingday inventoryupon ofwhich such disposablefooda foodwareviolation containers.occurs.

BeginningSection on3 Januaryexempts 1,from 2029,this sectionprohibition 5a food dispensing establishment that is part of thisa billbusiness prohibitsthat anyhas foodless dispensingthan establishment10 fromlocations selling,in preparing,this providingState, orunless transportingthe food ordispensing -establishment *AB244_R1*has –1 2the –use beveragesof using disposable foodware containers made wholly or partially from prohibited polystyrene foam.

establishmentsIf, tobefore theOctober provisions1, 2025, an owner or operator of sectiona 3.onsfood indispensing existingestablishment lawpurchased relatingdisposable tofoodware foodcontainers Sectionmade 4wholly or partially from polystyrene foam, section 6 of this bill providesauthorizes thatthe afood violationdispensing ofestablishment thisto prohibitionuse isthe notremaining ainventory misdemeanor.of such disposable foodware containers.

Beginning on January 1, 2029, section 5 of this bill prohibits any food beverages using disposable foodware containers made wholly or partially fromfood or 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.

- 83rd Session (2025) – 2 – Sec.

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 foodwarepolystyrene containerfoam.r that is made wholly or partially from polystyrene2. foam.

2.

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.

(c) “Polystyrene foam” means blown polystyrene, commonly known as Styrofoam, and expanded or extruded foams consisting of thermoplastic petrochemical materials utilizing a styrene monomermolding andor processedextrusion byblow fusion,molding.njection injection molding, foam moldingSec. or extrusion blow molding.

- *AB244_R1* – 3 – Sec.

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 - 83rd Session (2025) – 3 – disposable foodware container that is made wholly or partially from polystyrene foam.

[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 foodwarepolystyrene containersfoam.rs made wholly or partially from polystyrene4.] foam.As used in this section:

4.] As used in this section:

Notwithstanding the provisions of section 3 of this act, if, before 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 - *AB244_R1* – 4 – 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.

thisSec. act become effective on October 1, 2025.4, inclusive, and 6 of 2.

7.

1.

This section and sections 1 to 4, inclusive, and 6 of this act become effective on October 1, 2025.

2.

H~~~~~ 25 - *AB244_R1*83rd Session (2025)