Bill Text: NJ S2603 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits sale of expanded polystyrene food service products and food packaged in those products.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2018-05-21 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2603 Detail]
Download: New_Jersey-2018-S2603-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Prohibits sale of expanded polystyrene food service products and food packaged in those products.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning expanded polystyrene food service products and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Certified local health agency" means the same as that term is defined in section 3 of P.L.1977, c.443 (C.26:3A2-23).
"Department" means the Department of Environmental Protection.
"Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
"Expanded polystyrene food service product" means a product made, in whole or in part, of expanded polystyrene that is used for selling or providing a food or beverage, and includes, but is not limited to, a food container, plate, hot or cold beverage cup, meat or vegetable tray, or egg carton. "Expanded polystyrene food service product" shall not include a product used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.
"Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, supermarket or grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of the State.
"School" means any public or nonpublic elementary or secondary school or any public or private institution of higher education in the State.
2. a. (1) No person shall sell or offer for sale in the State any expanded polystyrene food service product.
(2) No food service business or school shall sell or provide any food in an expanded polystyrene food service product.
b. Any person who violates this section shall be liable to a civil penalty of up to $250 for each violation, to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense. The Department of Environmental Protection shall have the authority to enforce the provisions of this act. The department may, pursuant to the provisions of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.), delegate enforcement authority under this act to certified local health agencies.
c. Notwithstanding the provisions of subsection b. of this section, a penalty shall not be imposed pursuant to this section unless the department or a certified local health agency has first issued a written notice of violation to the person, food service business, or school, and the violation has not been corrected within three months after receipt of the written notice by the person, food service business, or school. A certified local health agency shall notify the department of any violations of this act.
3. The Department of Environmental Protection shall, in consultation with the Department of Health, the Department of Education, the Office of the Secretary of Higher Education, certified local health agencies, and appropriate trade and business groups, develop and implement a public education and outreach program concerning the environmental hazards of expanded polystyrene food service products and the provisions of this act.
4. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for implementation of this act.
5. Section 2 of this act shall take effect on the 365th day following the date of enactment of this act and the remainder of this act shall take effect immediately.
STATEMENT
This bill would prohibit the sale of expanded polystyrene (EPS) food service products and food packaged in those products.
EPS (commonly referred to as "styrofoam") is a type of plastic manufactured from nonrenewable petroleum and used to make food service products such as plates, cups, and packaging. These products constitute a significant and growing portion of the solid waste stream. Currently, there is no meaningful reuse or recycling of EPS, and EPS products can take hundreds of years to deteriorate in the environment or in a landfill. EPS is a notorious pollutant that breaks down into smaller, non-biodegradable pieces that pose significant threats to marine and other wildlife from ingestion. EPS products are often found littering storm drains, streets, creeks, parks, and other public places. Styrene, a component of EPS, has been classified by the National Toxicology Program as "reasonably anticipated to be a human carcinogen."
Today, cost-effective, reusable, and biodegradable food service products are readily available for most food service applications and are less toxic and more environmentally friendly than EPS. Numerous jurisdictions throughout the country have banned the sale and use of EPS food service products, and many local and national businesses have successfully replaced EPS food service products with affordable, reusable, and biodegradable alternatives. Prohibiting the sale of expanded polystyrene food service products, and food sold in those products, will reduce the amount of garbage sent to landfills and protect the public health and the environment, waterways, and wildlife of the State.
This bill would prohibit any person from selling or offering for sale in the State any EPS food service product. The bill would also prohibit any food service business or school (including public and nonpublic primary and secondary schools and institutions of higher education) from providing any food in an EPS food service product. Any person who violates the bill would be liable to a civil penalty of up to $250 for each offense, and each day during which the violation continues would constitute a separate offense. However, no penalty would be imposed under the bill unless the violator has first been issued a written notice of violation, and the violation is not corrected within three months.
Finally, the Department of Environmental Protection would be required to develop and implement a public education and outreach program concerning the environmental hazards of EPS food service products and the provisions of the bill.
