HOUSE OF REPRESENTATIVES

H.B. NO.

754

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DISPOSABLE FOOD CONTAINERS.

 

 

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

 


SECTION 1. The purpose of this Act is to prohibit the use of certain types of disposable food containers by restaurants, food establishments, and food packagers.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

FOOD SERVICE CONTAINERS

-1 Definitions. As used in this chapter:

"Compostable" means that all materials in the product will break down into usable compost in a safe and timely manner without leaving any toxic residue.

"Department" means the department of health.

"Disposable food service container" means a disposable product used by a restaurant or food establishment as packaging to serve or transport prepared, ready-to-consume food or beverages, including but not limited to plates, cups, bowls, trays, and hinged or lidded containers. "Disposable food service container" does not include single-use disposable straws or utensils.

"Expanded polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials using styrene.

"Food packager" means any person, located within the State, who places meat, eggs, bakery products, or other food in packaging materials, for the purpose of retail sale of those products.

"Polystyrene foam container" means a container that is made of expanded polystyrene foam.

"Prepared food" means food or beverages that are prepared to be consumed on or off the premises of a restaurant or food establishment.

"Undue hardship" includes but is not limited to situations in which:

(1) There are no acceptable alternatives to packaging with polystyrene foam containers for reasons that are unique to the applicant; or

(2) Compliance with the prohibition would deprive a person of a legally protected right.

-2 Prohibition on the use of polystyrene foam containers; exemptions. (a) Beginning on January 1, 2016, no restaurant or food establishment in the State shall serve prepared food using polystyrene foam containers.

(b) Beginning on January 1, 2016, no food packager in the State shall package meat, eggs, bakery products, or other food in any polystyrene foam container.

(c) Beginning on January 1, 2016, restaurants, food establishments, and food packagers in the State shall use disposable food service containers made of compostable material.

(d) The department may grant an exemption from the requirements of this section upon application and a showing by the applicant that compliance would cause undue hardship.

-3 Rules. The department shall adopt rules, pursuant to chapter 91, necessary to implement this chapter, including rules relating to enforcement and exemptions."

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 July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Food Service Containers

 

Description:

Prohibits restaurants, food establishments, and food packagers from providing food in polystyrene foam containers beginning 1/1/16. Requires the use of compostable food containers. Authorizes DOH to allow exemptions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.