Senate Bill S8078

2017-2018 Legislative Session

Relates to prohibiting the use of polystyrene containers by restaurants and food vendors

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8078 (ACTIVE) - Details

See Assembly Version of this Bill:
A1866
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-eee, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5232
2019-2020: S2307, A1647
2021-2022: S2805

2017-S8078 (ACTIVE) - Summary

Relates to prohibiting the use of polystyrene containers by restaurants and food vendors.

2017-S8078 (ACTIVE) - Sponsor Memo

2017-S8078 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8078
 
                             I N  S E N A T E
 
                              March 26, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use of polystyrene containers by restaurants and food vendors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 399-eee to read as follows:
   §  399-EEE.  PROHIBITING  THE USE OF POLYSTYRENE CONTAINERS BY RESTAU-
 RANTS, FOOD TRUCKS, AND OTHER FOOD VENDORS. 1. DEFINITIONS. THE  FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS AS USED IN THIS SECTION:
   (A)  "POLYSTYRENE"  OR  "POLYSTYRENE FOAM" MEANS BLOWN POLYSTYRENE AND
 EXPANDED FOAMS UTILIZING A STYRENE MONOMER AND PROCESSED BY  ANY  NUMBER
 OF  TECHNIQUES.  POLYSTYRENE FOAM IS GENERALLY USED TO MAKE CUPS, BOWLS,
 PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
   (B) "FOOD SERVICE ESTABLISHMENT" MEANS  ANY  AREA,  INCLUDING  OUTDOOR
 SEATING AREAS, IN WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES
 CONSUMPTION.
   (C) "FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER ESTAB-
 LISHMENT,  INCLUDING  A  GROCERY  STORE, DELICATESSEN OR RESTAURANT THAT
 SELLS PREPARED FOODS.
   (D) "DISPOSABLE  FOOD  SERVICE  WARE"  MEANS  ALL  CONTAINERS,  BOWLS,
 PLATES,  TRAYS,  CARTONS,  CUPS, LIDS, AND OTHER ITEMS THAT ARE DESIGNED
 FOR ONE-TIME USE  FOR  PREPARED  FOODS,  INCLUDING  WITHOUT  LIMITATION,
 SERVICE  WARE  TAKEOUT  FOODS  AND/OR  LEFTOVERS FROM PARTIALLY CONSUMED
 MEALS PREPARED BY FOOD  SERVICE  ESTABLISHMENTS,  FOOD  VENDORS,  AND/OR
 MOBILE FOOD SERVICE ESTABLISHMENTS.
   (E)  "MOBILE  FOOD  SERVICE ESTABLISHMENT" MEANS A SELF-CONTAINED FOOD
 SERVICE OPERATION, LOCATED IN A VEHICLE OR  A  MOVABLE  STAND,  SELF  OR
 OTHERWISE  PROPELLED,  USED  TO  STORE,  PREPARE,  DISPLAY OR SERVE FOOD
 INTENDED FOR INDIVIDUAL PORTION SERVICE.
   2. USE OF POLYSTYRENE DISPOSABLE FOOD SERVICE WARE PROHIBITED. NO FOOD
 SERVICE ESTABLISHMENT, FOOD VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT
 SHALL USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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