Assembly Bill A90A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   90--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, LUPARDO, SIMOTAS, JAFFEE, TAYLOR,
   MOSLEY, COLTON, GLICK, NIOU,  GOTTFRIED,  BARRON,  RIVERA,  SEAWRIGHT,
   SIMON,  ORTIZ,  BLAKE, D'URSO, GALEF, BARRETT, BRONSON, STECK, WEPRIN,
   FAHY, RAMOS, REYES, EPSTEIN, PAULIN -- Multi-Sponsored by -- M. of  A.
   LIFTON,  THIELE -- read once and referred to the Committee on Environ-
   mental Conservation --  recommitted  to  the  Committee  on  Codes  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the environmental conservation law and the general busi-
   ness law, in relation to prohibitions on single-use plastic straws and
   stirrers in restaurants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
 
                                 TITLE 30
                  PLASTIC STRAW AND STIRRER RESTRICTIONS
 SECTION 27-3001. DEFINITIONS.
         27-3003. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
         27-3005. ENFORCEMENT.
 § 27-3001. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, "RESTAURANT" MEANS ANY DINER OR  OTHER
 EATING OR BEVERAGE ESTABLISHMENT, WHICH OFFERS FOR SALE FOOD OR BEVERAG-
 ES  TO  THE  PUBLIC,  GUESTS,  MEMBERS,  OR PATRONS, WHETHER CONSUMPTION
 OCCURS ON OR OFF THE PREMISES.
 § 27-3003. SINGLE-USE PLASTIC STRAWS AND STIRRERS.
   1. (A) RESTAURANTS SHALL ONLY PROVIDE  SINGLE-USE  PLASTIC  STRAWS  TO
 CUSTOMERS WHEN EXPLICITLY REQUESTED BY THE CUSTOMER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01864-14-0

 A. 90--A                            2
 
   (B) NO INQUIRY INTO THE REASON FOR THE REQUEST SHALL BE MADE BY A FOOD
 SERVICE  ESTABLISHMENT  OR  ANY  OF  ITS  EMPLOYEES  IN CARRYING OUT THE
 REQUEST AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   2. RESTAURANTS ARE PROHIBITED FROM PROVIDING CUSTOMERS WITH SINGLE-USE
 PLASTIC STIRRERS.
   3.  (A)  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE A RESTAURANT FROM
 PROVIDING CUSTOMERS WITH NON-PLASTIC STRAWS OR STIRRERS AS  AN  ALTERNA-
 TIVE  TO  SINGLE-USE  PLASTIC  STRAWS  AND  STIRRERS, INCLUDING, BUT NOT
 LIMITED TO, STRAWS AND/OR STIRRERS MADE FROM PAPER, SUGAR  CANE,  BAMBOO
 OR COMPOSTABLE MATERIALS.
   (B) RESTAURANTS THAT PROVIDE COMPOSTABLE STRAWS OR STIRRERS TO CUSTOM-
 ERS ARE REQUIRED TO HAVE ACCESS TO CURBSIDE COLLECTION OF FOOD WASTE FOR
 COMPOSTING.
   4. SINGLE-USE PLASTIC STRAWS PROVIDED BY A FOOD SERVICE ESTABLISHMENT,
 PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, SHALL NOT BE INDIVIDUALLY
 WRAPPED IN PLASTIC, EXCEPT FOR PREPACKAGED INDIVIDUAL SERVING  BEVERAGES
 WHERE A PLASTIC STRAW IS INCLUDED IN THE PACKAGING.
 § 27-3005. ENFORCEMENT.
   EVERY  LOCAL  DEPARTMENT  OF  HEALTH SHALL ENSURE COMPLIANCE WITH THIS
 TITLE AS PART OF AN INSPECTION OF A FOOD PLACE PURSUANT TO SECTION THIR-
 TEEN HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW, THE PROVISIONS  OF  THE
 SANITARY  CODE  AND  PROVISIONS OF LOCAL ORDINANCES OR REGULATIONS.  ANY
 ESTABLISHMENT THAT VIOLATES THIS TITLE  SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  IN  THE  AMOUNT OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION,
 THREE HUNDRED DOLLARS FOR THE SECOND VIOLATION COMMITTED ON A  DIFFERENT
 DAY  WITHIN  A PERIOD OF TWELVE MONTHS, AND FIVE HUNDRED DOLLARS FOR THE
 THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON DIFFERENT DAYS WITHIN A
 PERIOD OF TWELVE MONTHS, EXCEPT THAT  THE  LOCAL  DEPARTMENT  OF  HEALTH
 SHALL  NOT  ISSUE  A  NOTICE OF VIOLATION, BUT SHALL ISSUE A WARNING AND
 PROVIDE INFORMATION ON COMPLIANCE WITH SUCH SECTION, FOR  ANY  VIOLATION
 THAT OCCURS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  2. The general business law is amended by adding a new section 399-
 tt to read as follows:
   § 399-TT. SINGLE-USE PLASTIC STRAWS. RESTAURANTS  SHALL  ONLY  PROVIDE
 SINGLE-USE PLASTIC STRAWS TO CUSTOMERS WHERE EXPLICITLY REQUESTED BY THE
 CUSTOMER  PURSUANT  TO TITLE THIRTY OF ARTICLE TWENTY-SEVEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.