Bill Text: NY S02805 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to prohibiting the use of polystyrene containers by restaurants and food vendors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S02805 Detail]
Download: New_York-2021-S02805-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2805 2021-2022 Regular Sessions IN SENATE January 25, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting the use of polystyrene containers by restaurants and food vendors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 399-eee to read as follows: 3 § 399-eee. Prohibiting the use of polystyrene containers by restau- 4 rants, food trucks, and other food vendors. 1. Definitions. The follow- 5 ing terms shall have the following meanings as used in this section: 6 (a) "polystyrene" or "polystyrene foam" means blown polystyrene and 7 expanded foams utilizing a styrene monomer and processed by any number 8 of techniques. Polystyrene foam is generally used to make cups, bowls, 9 plates, trays, clamshell containers, meat trays and egg cartons. 10 (b) "food service establishment" means any area, including outdoor 11 seating areas, in which the business is the sale of food for on-premises 12 consumption. 13 (c) "food vendor" means any store, shop, sales outlet, or other estab- 14 lishment, including a grocery store, delicatessen or restaurant that 15 sells prepared foods. 16 (d) "disposable food service ware" means all containers, bowls, 17 plates, trays, cartons, cups, lids, and other items that are designed 18 for one-time use for prepared foods, including without limitation, 19 service ware takeout foods and/or leftovers from partially consumed 20 meals prepared by food service establishments, food vendors, and/or 21 mobile food service establishments. 22 (e) "mobile food service establishment" means a self-contained food 23 service operation, located in a vehicle or a movable stand, self or 24 otherwise propelled, used to store, prepare, display or serve food 25 intended for individual portion service. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00927-01-1S. 2805 2 1 2. Use of polystyrene disposable food service ware prohibited. No food 2 service establishment, food vendor, or mobile food service establishment 3 shall use polystyrene disposable food service ware for the packaging of 4 food or drink to be taken from such food service establishment, food 5 vendor, or mobile food service establishment by patrons. 6 3. Enforcement and violations. (a) Whenever there shall be a violation 7 of this section, application may be made by the attorney general in the 8 name of the people of the state of New York to a court or justice having 9 jurisdiction by a special proceeding to issue an injunction, and upon 10 notice to the defendant of not less than five days, to enjoin and 11 restrain the continuance of such violation; and if it shall appear to 12 the satisfaction of the court or justice that the defendant has, in 13 fact, violated this section, an injunction may be issued by such court 14 or justice, enjoining and restraining any further violation, without 15 requiring proof that any person has, in fact, been injured or damaged 16 thereby. In connection with any such proposed application, the attorney 17 general is authorized to take proof and make a determination of the 18 relevant facts and to issue subpoenas in accordance with the civil prac- 19 tice law and rules. 20 (b) Any person who violates this section shall be subject to a civil 21 penalty of not more than five hundred dollars for each violation. Each 22 day in which a food service establishment, food vendor, or mobile food 23 service establishment uses polystyrene disposable food service ware in 24 violation of this section may constitute a separate violation. 25 (c) In addition, the district attorney, county attorney, and the 26 corporation counsel shall have concurrent authority to seek the relief 27 in paragraph (b) of this subdivision, and all civil penalties obtained 28 in any such action shall be retained by the municipality or county. 29 § 2. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law.
