Report Title:

Environmental Protection; Polystyrene Foam Containers; Prohibited

 

Description:

Bans the use of polystyrene foam containers by food vendors in the State.

 


THE SENATE

S.B. NO.

1293

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to environmental protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that polystyrene foam containers provided to customers by restaurants and other food vendors are a hazard to the environment. Polystyrene foam containers require fossil fuel to manufacture, contribute to litter, and crowd landfills with non-biodegradable waste. The legislature further finds that the State has an interest in protecting the environment and decreasing the amount of waste in landfills. The purpose of this Act is to protect the environment by banning the distribution of polystyrene foam containers within the State.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . POLYSTYRENE FOAM CONTAINERS

342H-A Definitions. As used in this part, unless the context otherwise requires:

"Affordable" means costing not more than fifteen per cent more than the purchase price of a non-biodegradable, non-compostable, or non-recyclable alternative.

"ASTM Standard" means meeting the standards of the American Society for Testing and Materials International Standards D6400 or D6868 for biodegradable and compostable plastics.

"Compostable" means all the materials in a product or package will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner and the product or package meets ASTM standards for compostablility.

"Department" means the department of health.

"Director" means the director of health.

"Disposable food service ware" means containers, bowls, plates, trays, carton, cups, lids, straws, forks, spoons, knives, napkins and other items that are designed for one-time use to consume prepared foods, including service ware for takeout foods or leftovers from partially consumed meals prepared by food vendors. The term "disposable food service ware" does not include aluminum or polystyrene foam coolers and ice chests that are intended for reuse.

"Food vendor" means any restaurant or retail food vendor located or operating within the State.

"Person" means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, limited liability company, or association.

"Polystyrene foam" means blown polystyrene and expanded and extruded foam or styrofoam that contain thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons.

"Prepared food" means food or beverages that are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the State for individual customers or consumers. For the purpose of this part, the term includes takeout food but does not include raw, butchered meats, fish, or poultry sold from a butcher case or similar retail appliance.

"Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

"Restaurant" means any establishment located within the State that sells prepared food for consumption on, near, or off its premises. The term includes a restaurant operating from a temporary facility, cart, vehicle, or mobile unit.

"Retail food vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the State that sells prepared food.

"State contractors or lessees" means any person or entity that contracts with the State for:

(1) Public works;

(2) A franchise, concession, or lease of property;

(3) Grant moneys;

(4) Goods or services; or

(5) Supplies,

to be paid with state funds or trust moneys under the control or collected by the State.

"State facility" means any building, structure, or vehicle owned or operated by the State.

"State facility food provider" means an entity that provides, but does not sell, prepared food in state facilities.

342H-B Prohibited disposable food service ware. (a) No food vendor may sell or otherwise distribute prepared food in disposable food service ware that contains polystyrene foam.

(b) No state facility food provider may provide prepared food in disposable food service ware that contains polystyrene foam.

(c) No state department or agency may purchase, acquire, or use disposable food service ware that contains polystyrene foam.

(d) No state contractor or lessee may use disposable food service ware that contains polystyrene foam in state facilities.

342H-C Required compostable or recyclable disposable food service ware. (a) All food vendors using disposable food service ware shall use a suitable affordable alternative compostable or recyclable product, unless there is no suitable affordable compostable or recyclable product available as determined by the director in accordance with this part.

(b) All state facility food providers and state facilities using disposable food service ware shall use compostable or recyclable disposable food service ware, unless there is no affordable compostable product available as determined by the director in accordance with this part.

(c) State contractors or lessees using disposable food service ware shall use suitable compostable or recyclable disposable food service ware in state facilities, unless there is no suitable affordable compostable or recyclable product available as determined by the director in accordance with this part.

342H-D Implementation. The director shall adopt rules under chapter 91 necessary for the purpose of this part. The director, by rule, may provide for administrative penalties for violations of this part or any rules adopted thereunder; provided that no fine established under this section may exceed $ .

342H-E Waiver. (a) Any person may seek a waiver from the requirements of this part by filing a request with the department on a form specified by the director.

(b) The director, consistent with this part, may waive any specific requirement of this part for a period of up to one year if the person seeking the waiver has demonstrated that the strict application any provision of this part would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The director's decision to grant or deny a waiver shall be in writing and shall be final."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect on January 1, 2010.

 

INTRODUCED BY:

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