Hawaii-2018-HB1937-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	1937
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to polystyrene foam containers.

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

SECTION 1. The legislature finds that products made using polystyrene foam are one of the most common kinds of litter pollution in Hawaii. Polystyrene foam is ultra-light, which prevents collection systems from capturing it and allows it to easily accumulate on land and in waterways. The fragments of polystyrene foam that are left leach styrene, a known carcinogen, and other toxins that then poison the environment and the local food chain. The sight of polystyrene products littering Hawaii's landscapes serves as a detriment to the State's number one industry, tourism. Polystyrene foam also contributes to the potential death of marine animals and avian populations through ingestion.

The purpose of this Act is to protect the State's economy and environment by prohibiting the sale and use of polystyrene foam containers statewide.

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

"Chapter

Polystyrene foam containers

§ -1 Definitions. As used in this chapter:

"Polystyrene" means a thermoplastic petrochemical material utilizing a styrene monomer, including all polystyrene, meaning any styrene or vinyl chloride polymer that is blown into a foam-like material. Polystyrene includes materials created from techniques including the fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

"Polystyrene foam container" means a container that is made using polystyrene material.

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

"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, food trucks, and private and public school cafeterias, which gives or offers for sale food or beverages to the public, guests, or employees, as well as kitchens and catering facilities in which food or beverage is prepared on the premises for serving elsewhere. The term "restaurant" includes a bar area within the restaurant and outdoor areas of restaurants.

"Vendor" means any person, firm, or corporation engaged in selling or offering for sale any polystyrene foam containers.

§ -2 Prohibition on the sale and use of polystyrene foam containers. (a) No vendor operating within the State shall sell any polystyrene foam containers.

(b) No restaurant operating within the State shall serve prepared food using polystyrene foam containers.

§ -3 Rules. The department of health 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 upon its approval.

INTRODUCED BY:

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