NY State Senate Bill 2019-S2823

Senate Bill S2823

2019-2020 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Jan 29, 2019	referred to consumer protection

2019-S2823 (ACTIVE) - Details

See Assembly Version of this Bill:: A1057
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: A8408
2017-2018: S8079, A2199
2021-2022: S2869

2019-S2823 (ACTIVE) - Summary

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

2019-S2823 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2823

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
use of polystyrene containers by restaurants and food vendors

 
PURPOSE:

To prohibit the use of single use plastic foam containers by restau-
rants, food service establishments and food vendors to package uncon-
sumed food (leftovers).

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the General Business Law by adding a new
section 399-ccc to prohibit the use of polystyrene disposable food
service ware containers by food service establishments, or food vendors
for the packing of unconsumed food or drink remaining after a meal to be
taken from such food service establishment or vendor by patrons.

The section defines the following terms:

1. "polystyrene" or "polystyrene foam" means blown polystyrene and
expanded foams utilizing a styrene monomer and processed by any number
of techniques.

2. "food service establishment" means any area, including outdoor seat-
ing areas, in which the business is the sale of food for on-premises
consumption.

3. "food vendor" means any store, shop, sales outlet, or other estab-
lishment, including a grocery store, delicatessen or restaurant that
sells prepared food and provides for on-premises consumption of such
foods.

4. "disposable food service ware" means all containers, bowls, plates,
trays, cartons, cups, lids, and other items that are designed for
onetime use for prepared foods and may be used to package leftovers from
partially consumed meals prepared by food service establishments and/or
food vendors.

Violations of this section may be enforced by the attorney general and
may include injunctive relief. In addition, the district attorney, coun-
ty attorney, and the corporation counsel shall have concurrent authority
to enforce this section.

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 a
food service establishment, food vendor, or mobile food service estab-
lishment uses polystyrene disposable food service ware may constitute a
separate violation.

Section 2 is the effective date.

 
JUSTIFICATION:


Polystyrene foam, more commonly known as Styrofoam, is used by restau-
rant and other food vendors for single use cups and food containers.
Styrofoam is difficult to recycle and doesn't decompose.  These foam
cups and containers not only build up in landfills, but they make up a
significant portion of the trash polluting local waterways-causing seri-
ous harm to marine animals-and are a major source of neighborhood
litter. In addition, in 2011 the U.S.  Department of Health and Human
services listed styrene, which is used to make polystyrene, as a possi-
ble carcinogen.

There are approximately 100 municipalities across the country that have
laws limiting the use of Styrofoam including New York City (effective
July 1, 2015), Albany County, Suffolk County and Glen Cove in New York,
Washington, D.C., and the cities of Minneapolis, San Francisco, Oakland,
Portland and Seattle.

Moreover, restaurants themselves are increasingly seeking alternatives
to polystyrene foam food containers. Fast-food chains McDonald's and
Dunkin' Donuts announced they would phase out foam cups.  Styrofoam
single use containers cause significant harm to the environment and may
be a health hazard as well.

This legislation would significantly reduce the use of Styrofoam by
prohibiting it's use for packaging of leftovers remaining after a meal
to be taken from food service establishments or food vendors by patrons.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

2018: S8079/A2199 - REFERRED TO CONSUMER PROTECTION/ referred to consum-
er affairs and protection
2017: A2199 - referred to consumer affairs and protection
2016: A8408 - referred to consumer affairs and protection

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2019-S2823 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2823
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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 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

 S. 2823                             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.

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