Bill Text: NY S08079 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the use of polystyrene containers by restaurants and food vendors to package unconsumed food.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-26 - REFERRED TO CONSUMER PROTECTION [S08079 Detail]

Download: New_York-2017-S08079-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8079
                    IN SENATE
                                     March 26, 2018
                                       ___________
        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 and other food vendors to package unconsumed food. 1. Definitions.
     5  The following terms shall have the following meanings as  used  in  this
     6  section:
     7    (a)  "polystyrene"  or  "polystyrene foam" means blown polystyrene and
     8  expanded foams utilizing a styrene monomer and processed by  any  number
     9  of  techniques.  Polystyrene foam is generally used to make cups, bowls,
    10  plates, trays, clamshell containers, meat trays and egg cartons.
    11    (b) "food service establishment" means  any  area,  including  outdoor
    12  seating areas, in which the business is the sale of food for on-premises
    13  consumption.
    14    (c) "food vendor" means any store, shop, sales outlet, or other estab-
    15  lishment,  including  a  delicatessen  or restaurant that sells prepared
    16  foods and provides for on-premises consumption of such foods.
    17    (d) "disposable  food  service  ware"  means  all  containers,  bowls,
    18  plates,  trays,  cartons,  cups, lids, and other items that are designed
    19  for one-time use for prepared foods and may be used to package leftovers
    20  from partially consumed meals prepared by  food  service  establishments
    21  and/or food vendors.
    22    2.  Use  of  polystyrene  disposable  food service ware prohibited for
    23  packaging unconsumed food. No food service establishment or food  vendor
    24  shall  use polystyrene disposable food service ware for the packaging of
    25  unconsumed food or drink remaining after a meal to be  taken  from  such
    26  food service establishment or food vendor by patrons.
    27    3. Enforcement and violations. (a) Whenever there shall be a violation
    28  of  this section, application may be made by the attorney general in the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03949-01-7
        S. 8079                             2
     1  name of the people of the state of New York to a court or justice having
     2  jurisdiction by a special proceeding to issue an  injunction,  and  upon
     3  notice  to  the  defendant  of  not  less  than five days, to enjoin and
     4  restrain  the  continuance  of such violation; and if it shall appear to
     5  the satisfaction of the court or justice  that  the  defendant  has,  in
     6  fact,  violated  this section, an injunction may be issued by such court
     7  or justice, enjoining and restraining  any  further  violation,  without
     8  requiring  proof  that  any person has, in fact, been injured or damaged
     9  thereby. In connection with any such proposed application, the  attorney
    10  general  is  authorized  to  take  proof and make a determination of the
    11  relevant facts and to issue subpoenas in accordance with the civil prac-
    12  tice law and rules.
    13    (b) Any person who violates this section shall be subject to  a  civil
    14  penalty  of  not more than five hundred dollars for each violation. Each
    15  day in which a food service establishment or food vendor uses  polystyr-
    16  ene  disposable  food  service  ware  in  violation  of this section may
    17  constitute a separate violation.
    18    (c) In addition, the  district  attorney,  county  attorney,  and  the
    19  corporation  counsel  shall have concurrent authority to seek the relief
    20  in paragraph (b) of this subdivision, and all civil  penalties  obtained
    21  in any such action shall be retained by the municipality or county.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.