S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5899
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the public health
   law,  in  relation  to  prohibitions  on  single-use plastic straws in
   municipal and state run food service establishments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 27 of article 27 of the environ-
 mental conservation law, as added by chapter 641 of the laws of 2008, is
 amended to read as follows:
                       PLASTIC BAG, AND PLASTIC STRAW
                      REDUCTION, REUSE AND RECYCLING
   §  2.  Section 27-2701 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008,  is  amended  by  adding  seven  new
 subdivisions 8, 9, 10, 11, 12, 13 and 14 to read as follows:
   8.  "FOOD  SERVICE  ESTABLISHMENT" MEANS ANY EATING OR BEVERAGE ESTAB-
 LISHMENT RUN BY THE STATE OR A MUNICIPALITY IN THE STATE,  WHICH  OFFERS
 FOR  SALE  FOOD OR BEVERAGES TO THE PUBLIC, GUESTS, MEMBERS, OR PATRONS,
 WHERE THE FOOD OR BEVERAGES ARE CUSTOMARILY CONSUMED ON THE PREMISES.
   9. "BEVERAGE STRAW" MEANS A TUBE USED FOR TRANSFERRING A BEVERAGE FROM
 ITS CONTAINER TO THE MOUTH OF A CONSUMER.
   10. "BIODEGRADABLE" MEANS THE ABILITY OF A  MATERIAL  TO  BREAK  DOWN,
 WITHIN ONE YEAR, INTO NATURAL MATERIALS IN THE NATURAL ENVIRONMENT WITH-
 OUT CAUSING HARM.
   11.  "DISABILITY" MEANS A PHYSICAL, INTELLECTUAL OR SENSORY IMPAIRMENT
 THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
   12. "MEDICAL CONDITION" MEANS ANY ILLNESS, DISEASE, DISORDER OR INJURY
 THAT REQUIRES MEDICAL TREATMENT.
   13. "PLASTIC" MEANS A SYNTHETIC MATERIAL MADE FROM  ORGANIC  POLYMERS,
 INCLUDING,  BUT  NOT LIMITED TO, POLYPROPYLENE AND POLYSTYRENE, THAT CAN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10038-01-3
 A. 5899                             2
              

 
 BE MOLDED INTO SHAPE WHILE SOFT, AND THEN SET INTO A RIGID  OR  SLIGHTLY
 ELASTIC FORM.
   14.  "SINGLE-USE"  MEANS A PRODUCT THAT IS DESIGNED AND INTENDED TO BE
 USED ONLY ONCE FOR DRINKING OR EATING, AND IS  GENERALLY  RECOGNIZED  BY
 THE PUBLIC AS AN ITEM THAT IS TO BE DISCARDED AFTER ONE USE.
   §  3. Title 27 of article 27 of the environmental conservation law, as
 added by chapter 641 of the laws of 2008, is amended  by  adding  a  new
 section 27-2706 to read as follows:
 § 27-2706. SINGLE-USE PLASTIC STRAWS.
   1. NO FOOD SERVICE ESTABLISHMENT RUN BY THE STATE OR A MUNICIPALITY IN
 THE STATE SHALL OFFER TO CONSUMERS ANY SINGLE-USE BEVERAGE STRAW MADE OF
 PLASTIC OR ANY OTHER NON-BIODEGRADABLE MATERIAL. FOOD SERVICE ESTABLISH-
 MENTS  MAY  PROVIDE SUITABLE BEVERAGE STRAWS, INCLUDING THOSE PROHIBITED
 BY THIS SECTION, TO A PERSON THAT REQUIRES A STRAW DUE TO  A  DISABILITY
 OR MEDICAL CONDITION AS DEFINED BY THIS TITLE.
   2.  IN  CONSULTATION  WITH  OTHER STATE AGENCIES, THE DEPARTMENT SHALL
 CONDUCT OUTREACH AND EDUCATION TO FOOD SERVICE ESTABLISHMENTS AND STORES
 TO INFORM THEM OF THE PROVISIONS OF THIS SECTION AND PROVIDE  ASSISTANCE
 WITH  IDENTIFYING  REPLACEMENT  MATERIAL.    SUCH OUTREACH AND EDUCATION
 SHALL BE OFFERED IN MULTIPLE LANGUAGES.
   3. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL HAVE THE AUTHORI-
 TY TO ENFORCE THE PROVISIONS OF THIS SECTION.
   § 4. Subdivision 2 of section 1352 of the public health law is amended
 to read as follows:
   2. It shall be unlawful to furnish or serve in any  public  eating  or
 drinking  establishment,  any straw, tube or similar device for drinking
 out of glasses, cups or containers of any type unless such  straw,  tube
 or  similar  device conforms to and is furnished or served in accordance
 with TITLE TWENTY-SEVEN OF ARTICLE  TWENTY-SEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, AS ADDED BY CHAPTER SIX HUNDRED FORTY-ONE OF THE LAWS
 OF TWO THOUSAND EIGHT AND the following requirements: When  offered  for
 use,  it shall be completely enclosed in an impervious or a bactericidal
 wrapper to be opened by the ultimate user; if unwrapped it may  be  used
 if it is kept in an approved sanitary dispenser loaded from the original
 package without handling, which dispenses one such straw, tube or device
 at  a  time  directly  to  the user and which is so constructed that the
 interior may be cleaned and kept in a sanitary condition;  unused  loose
 straws, tubes or devices already dispensed from the dispensing container
 shall not be used again. No single-service paper containers, paper cups,
 paper spoons, paper forks or paper plates shall be used a second time.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.