Bill Text: HI HB1643 | 2022 | Regular Session | Amended
Bill Title: Relating To Waste Reduction.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2022-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) McDermott excused (1). [HB1643 Detail]
Download: Hawaii-2022-HB1643-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1643 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WASTE REDUCTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the production, use, and disposal of service ware designed to be discarded after a single use or limited number of uses damage Hawaii's environment and ecosystems, overburden state recycling facilities, and contribute to global greenhouse gas emissions at every stage in the lifecycle of their production.
The legislature acknowledges the successful implementation of the city and county of Honolulu's disposable service ware ordinance, which restricts the use of disposable service ware by food vendors and dictates that disposable service ware may be provided to customers only upon request.
Therefore, the purpose of this Act is to expand upon the successful city and county of Honolulu ordinance by prohibiting food vendors statewide from providing or distributing disposable service ware to customers, unless requested by the customer, or in a self-service area or dispenser.
SECTION 2. Chapter 339, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§339- Disposable
service ware upon request. (a)
Beginning January 1, 2023,
a food vendor may only provide or distribute disposable service ware for prepared
food or for a beverage:
(1) Upon the request
or affirmative response of a customer or person being provided the prepared food
or beverage; or
(2) In a self-service
area or dispenser.
(b) The department shall
engage in an education and outreach campaign in coordination with community and
business partners to facilitate the implementation of this section.
(c) The director shall adopt rules pursuant to chapter
91 regarding the implementation and administration of this section.
(d) Any food vendor violating subsection (a) or any
rule adopted pursuant to this section may:
(1) Be ordered to discontinue
the distribution of disposable service ware prohibited by this section; and
(2) If continuing the
distribution despite the order, be subject to a civil fine of no less than $100
nor more than $1,000 for each day of violation.
(e) Nothing in this section shall be construed to supersede
or in any manner affect a county ordinance relating to disposable service ware; provided that the ordinance is at least
as restrictive as this section. Nothing
in this section shall prohibit a county from enacting or enforcing ordinances more
stringent than this section.
(f) Each county shall have the authority to enact ordinances to enforce this section.
(g) For purposes of this
section:
"Customer" means any person
purchasing prepared food from a food vendor.
"Disposable" means designed
to be discarded after a single use or limited number of uses and not designed or
manufactured for long-term multiple reuse.
"Food vendor" means any
entity or person selling or providing prepared food for consumption within the State,
including any store, shop, sales outlet, pharmacy, restaurant, bar, pub, coffee
shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket,
delicatessen, food truck, catering vehicle or cart, roadside stand, or other establishment
that sells or provides prepared food for consumption within the State.
"Plastic" means any material made
of fossil fuel-derived or petrochemical polymeric compounds and additives that can
be shaped by flow.
"Prepared food" means food or beverages
that are prepared for consumption on or off the premises of a food vendor by cooking,
chopping, peeling, slicing, mixing, brewing, freezing, squeezing, or otherwise processing
at premises owned, leased, or otherwise controlled by the food vendor. "Prepared food" includes restaurant style
food and beverages that are packaged after being ordered and ready to be consumed
without further preparation. "Prepared
food" does not include raw meat, raw poultry, raw seafood, unprepared produce,
and uncooked eggs.
"Produce" means any fruit or vegetable
including mixes of intact fruits and vegetables and includes mushrooms, sprouts
irrespective of seed source, peanuts, tree nuts, beans, honey, and herbs.
"Service ware" means any stirrers,
straws, baran, and utensils. "Service
ware" does not include items contained within or attached to packaging of food
or beverages, including but not limited to disposable plastic straws pre-packaged
and sold with beverage boxes or disposable plastic utensils pre-packaged and sold
with ice cream or salads.
"Utensils" means implements
intended to assist in the consumption of food or drink. "Utensils" includes forks, spoons, sporks, and knives."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2100.
Report Title:
Disposable
Service Ware; Food Vendors; Department of Health
Description:
Beginning 1/1/2023, allows a food vendor to provide or distribute disposable service ware for prepared food or for a beverage only upon the request or affirmative response of a customer or person being provided the prepared food or beverage, or in a self-service area or dispenser. Effective 7/1/2100. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
