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A05899 Summary:

BILL NOA05899
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Amd Art 27 Title 27 Title Head, §27-2701, add §27-2706, En Con L; amd §1352, Pub Health L
 
Prohibits single-use plastic straws in state and municipal run food service establishments; defines terms; provides that no state or municipal run food service establishment in the state shall offer to consumers any single-use beverage straw made of plastic or any other non-biodegradable material; provides for exceptions.
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A05899 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5899
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Environmental Conservation
 
        AN ACT to amend the environmental conservation law and the public health
          law,  in  relation  to  prohibitions  on  single-use plastic straws in
          municipal and state run food service establishments

          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, AND PLASTIC STRAW
     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  seven  new
     8  subdivisions 8, 9, 10, 11, 12, 13 and 14 to read as follows:
     9    8.  "Food  service  establishment" means any eating or beverage estab-
    10  lishment run by the state or a municipality in the state,  which  offers
    11  for  sale  food or beverages to the public, guests, members, or patrons,
    12  where the food or beverages are customarily consumed on the premises.
    13    9. "Beverage straw" means a tube used for transferring a beverage from
    14  its container to the mouth of a consumer.
    15    10. "Biodegradable" means the ability of a  material  to  break  down,
    16  within one year, into natural materials in the natural environment with-
    17  out causing harm.
    18    11.  "Disability" means a physical, intellectual or sensory impairment
    19  that substantially limits one or more major life activities.
    20    12. "Medical condition" means any illness, disease, disorder or injury
    21  that requires medical treatment.
    22    13. "Plastic" means a synthetic material made from  organic  polymers,
    23  including,  but  not limited to, polypropylene and polystyrene, that can

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10038-01-3

        A. 5899                             2
 
     1  be molded into shape while soft, and then set into a rigid  or  slightly
     2  elastic form.
     3    14.  "Single-use"  means a product that is designed and intended to be
     4  used only once for drinking or eating, and is  generally  recognized  by
     5  the public as an item that is to be discarded after one use.
     6    §  3. Title 27 of article 27 of the environmental conservation law, as
     7  added by chapter 641 of the laws of 2008, is amended  by  adding  a  new
     8  section 27-2706 to read as follows:
     9  § 27-2706. Single-use plastic straws.
    10    1. No food service establishment run by the state or a municipality in
    11  the state shall offer to consumers any single-use beverage straw made of
    12  plastic or any other non-biodegradable material. Food service establish-
    13  ments  may  provide suitable beverage straws, including those prohibited
    14  by this section, to a person that requires a straw due to  a  disability
    15  or medical condition as defined by this title.
    16    2.  In  consultation  with  other state agencies, the department shall
    17  conduct outreach and education to food service establishments and stores
    18  to inform them of the provisions of this section and provide  assistance
    19  with  identifying  replacement  material.    Such outreach and education
    20  shall be offered in multiple languages.
    21    3. The department and the department of health shall have the authori-
    22  ty to enforce the provisions of this section.
    23    § 4. Subdivision 2 of section 1352 of the public health law is amended
    24  to read as follows:
    25    2. It shall be unlawful to furnish or serve in any  public  eating  or
    26  drinking  establishment,  any straw, tube or similar device for drinking
    27  out of glasses, cups or containers of any type unless such  straw,  tube
    28  or  similar  device conforms to and is furnished or served in accordance
    29  with title twenty-seven of article  twenty-seven  of  the  environmental
    30  conservation  law, as added by chapter six hundred forty-one of the laws
    31  of two thousand eight and the following requirements: When  offered  for
    32  use,  it shall be completely enclosed in an impervious or a bactericidal
    33  wrapper to be opened by the ultimate user; if unwrapped it may  be  used
    34  if it is kept in an approved sanitary dispenser loaded from the original
    35  package without handling, which dispenses one such straw, tube or device
    36  at  a  time  directly  to  the user and which is so constructed that the
    37  interior may be cleaned and kept in a sanitary condition;  unused  loose
    38  straws, tubes or devices already dispensed from the dispensing container
    39  shall not be used again. No single-service paper containers, paper cups,
    40  paper spoons, paper forks or paper plates shall be used a second time.
    41    § 5. This act shall take effect on the one hundred twentieth day after
    42  it  shall have become a law. Effective immediately, the addition, amend-
    43  ment and/or repeal of any rule or regulation necessary for the implemen-
    44  tation of this act on its effective date are authorized to be  made  and
    45  completed on or before such effective date.
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