NY State Senate Bill 2021-S2805

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Jan 25, 2021	referred to consumer protection

2021-S2805 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-eee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8078
2019-2020: S2307

2021-S2805 (ACTIVE) - Summary

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

2021-S2805 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2805

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.

 
SUMMARY OF PROVISIONS:

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

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 environ-
ment and may be a health hazard as well.
This legislation will ban the use of this harmful product.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

2019-2020: S2307/A1647 - REFERRED TO CONSUMER PROTECTION/ referred to
consumer affairs and protection

2018: S8078/A1866 - REFERRED TO CONSUMER PROTECTION/ referred to consum-
er affairs and protection

2017: A1866 - Referred to Consumer Protection/ referred to consumer
affairs and protection

2016: A5232A - referred to consumer affairs and protection

2015: A5232A - reported and referred to codes

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

2021-S2805 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2805
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00927-01-1

 S. 2805                             2
 
   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
 FOOD  OR  DRINK  TO  BE TAKEN FROM SUCH FOOD SERVICE ESTABLISHMENT, FOOD
 VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT 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, FOOD VENDOR, OR MOBILE FOOD
 SERVICE ESTABLISHMENT USES POLYSTYRENE 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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Senate Bill S2805

Sponsored By

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

2021-S2805 (ACTIVE) - Details

2021-S2805 (ACTIVE) - Summary

2021-S2805 (ACTIVE) - Sponsor Memo

2021-S2805 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2805

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Sponsored By

Brian Kavanagh

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

2021-S2805 (ACTIVE) - Details

2021-S2805 (ACTIVE) - Summary

2021-S2805 (ACTIVE) - Sponsor Memo

2021-S2805 (ACTIVE) - Bill Text download pdf

Comments