S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2199
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI, SIMON, ORTIZ, COLTON -- Multi-Sponsored
   by  --  M.  of  A.  GOTTFRIED, THIELE -- read once and referred to the
   Committee on Consumer Affairs and 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 AND OTHER FOOD VENDORS TO PACKAGE UNCONSUMED FOOD. 1. DEFINITIONS.
 THE FOLLOWING 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  DELICATESSEN  OR RESTAURANT THAT SELLS PREPARED
 FOODS AND PROVIDES FOR ON-PREMISES CONSUMPTION OF SUCH 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 AND MAY BE USED TO PACKAGE LEFTOVERS
 FROM PARTIALLY CONSUMED MEALS PREPARED BY  FOOD  SERVICE  ESTABLISHMENTS
 AND/OR FOOD VENDORS.
   2.  USE  OF  POLYSTYRENE  DISPOSABLE  FOOD SERVICE WARE PROHIBITED FOR
 PACKAGING UNCONSUMED FOOD. NO FOOD SERVICE ESTABLISHMENT OR FOOD  VENDOR
 SHALL  USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03949-01-7

 A. 2199                             2
 
 UNCONSUMED FOOD OR DRINK REMAINING AFTER A MEAL TO BE  TAKEN  FROM  SUCH
 FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR BY PATRONS.
   3. ENFORCEMENT AND VIOLATIONS. (A) WHENEVER THERE SHALL BE A VIOLATION
 OF  THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
 GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
 TICE LAW AND RULES.
   (B)  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION.  EACH
 DAY  IN WHICH A FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR USES POLYSTYR-
 ENE DISPOSABLE FOOD SERVICE  WARE  IN  VIOLATION  OF  THIS  SECTION  MAY
 CONSTITUTE A SEPARATE VIOLATION.
   (C)  IN  ADDITION,  THE  DISTRICT  ATTORNEY,  COUNTY ATTORNEY, AND THE
 CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK  THE  RELIEF
 IN  PARAGRAPH  (B) OF THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED
 IN ANY SUCH ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR COUNTY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.