S T A T E O F N E W Y O R K
________________________________________________________________________
1057
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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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.
LBD02189-01-9
A. 1057 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.