S08873 Summary:

BILL NOS08873
 
SAME ASNo Same As
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Amd Art 27 Title 27 Title Head, 27-2701, add Art 27 Title 27 27-2706, En Con L; add 399-tt, Gen Bus L; amd 1352, Pub Health L
 
Prohibits single-use plastic straws and beverage stirrers in food service establishments; defines terms; provides that no food service establishment in the state shall offer to consumers any single-use beverage straw or beverage stirrer made of plastic or any other non-biodegradable material; further provides for exceptions.
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S08873 Actions:

BILL NOS08873
 
05/31/2018REFERRED TO ENVIRONMENTAL CONSERVATION
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S08873 Committee Votes:

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S08873 Floor Votes:

There are no votes for this bill in this legislative session.
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S08873 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8873
 
                    IN SENATE
 
                                      May 31, 2018
                                       ___________
 
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, the general business
          law and the public health law, in relation to prohibitions on  single-
          use  plastic  straws  and beverage stirrers in food service establish-
          ments

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The title heading of title 27 of article 27 of the environ-
     2  mental conservation law, as added by chapter 641 of the laws of 2008, is
     3  amended to read as follows:
     4               PLASTIC BAG, PLASTIC STRAW, AND BEVERAGE STIRRER
     5                       REDUCTION, REUSE AND RECYCLING
     6    §  2.  Section 27-2701 of the environmental conservation law, as added
     7  by chapter 641 of the laws of 2008,  is  amended  by  adding  eight  new
     8  subdivisions 8,9,10,11,12,13,14 and 15 to read as follows:
     9    8.  "Food  service  establishment"  means any diner or other eating or
    10  beverage establishment, which offers for sale food or beverages  to  the
    11  public,  guests,  members,  or  patrons, where the food or beverages are
    12  customarily consumed on the premises. For purposes of this title,  "food
    13  service  establishment"  shall  include  a fast food establishment, bar,
    14  coffee shop, cafeteria, luncheonette,  or  short  order  cafe;  however,
    15  "food  service  establishment"  shall not include a sandwich stand, soda
    16  fountain, drive-through portion of a restaurant, drive-in restaurant, or
    17  any establishment or portion of a restaurant where food or beverages are
    18  customarily consumed off the premises.
    19    9. "Beverage straw" means a tube used for transferring a beverage from
    20  its container to the mouth of a consumer.
    21    10. "Beverage stirrer" means a device  used  by  a  consumer  that  is
    22  designed  solely for the purpose of mixing liquids intended for internal
    23  human consumption.
    24    11. "Biodegradable" means the ability  of  a  material  to  breakdown,
    25  within one year, into natural materials in the natural environment with-
    26  out causing harm.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16087-01-8

        S. 8873                             2
 
     1    12.  "Disability" means a physical, intellectual or sensory impairment
     2  that substantially limits one or more major life activities.
     3    13. "Medical condition" means any illness, disease, disorder or injury
     4  that requires medical treatment.
     5    14.  "Plastic"  means a synthetic material made from organic polymers,
     6  including, but not limited to, polypropylene and polystyrene,  that  can
     7  be  molded  into shape while soft, and then set into a rigid or slightly
     8  elastic form.
     9    15. "Single-use" means a product that is designed and intended  to  be
    10  used  only  once  for drinking or eating, and is generally recognized by
    11  the public as an item that is to be discarded after one use.
    12    § 3.  Title 27 of article 27 of the environmental conservation law, as
    13  added by chapter 641 of the laws of 2008, is amended  by  adding  a  new
    14  section 27-2706 to read as follows:
    15  § 27-2706. Single-use plastic straws and beverage stirrers.
    16    1. No food service establishment in the state shall offer to consumers
    17  any single-use beverage straw or beverage stirrer made of plastic or any
    18  other   non-biodegradable  material.  Food  service  establishments  may
    19  provide suitable beverage straws or beverage stirrers,  including  those
    20  prohibited  by  this section, to a person that requires a straw due to a
    21  disability or medical condition as defined by this section.
    22    2. In consultation with other state  agencies,  the  department  shall
    23  conduct outreach and education to food service establishments and stores
    24  to  inform them of the provisions of this section and provide assistance
    25  with identifying replacement material.    Such  outreach  and  education
    26  shall be offered in multiple languages.
    27    3. The department and the department of health shall have the authori-
    28  ty to enforce the provisions of this section.
    29    4. Any person who violates this section or any rule promulgated pursu-
    30  ant  thereto  shall be liable for a civil penalty recoverable in a civil
    31  action brought in the name of the commissioner and the  commissioner  of
    32  health in the amount of one hundred dollars for the first violation, two
    33  hundred  dollars  for  the second violation committed on a different day
    34  within a period of twelve months, and four hundred dollars for the third
    35  and each subsequent violation committed on different days within a peri-
    36  od of twelve months, except that such commissioners shall  not  issue  a
    37  notice  of  violation, but shall issue a warning and provide information
    38  on replacement material, for any violation that occurs within  one  year
    39  of the effective date of this section.
    40    §  4. The general business law is amended by adding a new section 399-
    41  tt to read as follows:
    42    § 399-tt.  Single-use  plastic  straws  and  beverage  stirrers.  Food
    43  service  establishments  shall only provide single-use plastic straws or
    44  beverage stirrers to customers where explicitly requested by the custom-
    45  er pursuant to title twenty-seven of article twenty-seven of  the  envi-
    46  ronmental conservation law, as added by chapter six hundred forty-one of
    47  the laws of two thousand eight.
    48    § 5. Subdivision 2 of section 1352 of the public health law is amended
    49  to read as follows:
    50    2.  (a)  It shall be unlawful to furnish or serve in any public eating
    51  or drinking establishment, any straw, tube or similar device for  drink-
    52  ing  out  of  glasses, cups or containers of any type unless such straw,
    53  tube or similar device conforms to and is furnished or served in accord-
    54  ance with title twenty-seven of article  twenty-seven  of  the  environ-
    55  mental  conservation  law,  as added by chapter six hundred forty-one of
    56  the laws of two thousand eight  and  the  following  requirements:  When

        S. 8873                             3
 
     1  offered  for  use, it shall be completely enclosed in an impervious or a
     2  bactericidal wrapper to be opened by the ultimate user; if unwrapped  it
     3  may  be used if it is kept in an approved sanitary dispenser loaded from
     4  the  original  package without handling, which dispenses one such straw,
     5  tube or device  at  a  time  directly  to  the  user  and  which  is  so
     6  constructed  that  the  interior  may  be cleaned and kept in a sanitary
     7  condition; unused loose straws, tubes or devices already dispensed  from
     8  the  dispensing  container  shall  not  be used again. No single-service
     9  paper containers, paper cups, paper spoons, paper forks or paper  plates
    10  shall be used a second time.
    11    (b)  It  shall  be  unlawful  to  furnish or serve in any food service
    12  establishment a beverage  stirrer  as  defined  in  subdivision  ten  of
    13  section 27-2701 of the environmental conservation law.
    14    § 6. This act shall take effect on the one hundred twentieth day after
    15  it  shall have become a law. Effective immediately, the addition, amend-
    16  ment and/or repeal of any rule or regulation necessary for the implemen-
    17  tation of this act on its effective date are authorized to be  made  and
    18  completed on or before such effective date.
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