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S02869 Summary:

Add §399-eee, Gen Bus L
Relates to prohibiting the use of polystyrene containers by restaurants and food vendors to package unconsumed food.
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S02869 Actions:

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S02869 Memo:

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S02869 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 26, 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 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2869                             2
     1  unconsumed food or drink remaining after a meal to be  taken  from  such
     2  food service establishment or food vendor by patrons.
     3    3. Enforcement and violations. (a) Whenever there shall be a violation
     4  of  this section, application may be made by the attorney general in the
     5  name of the people of the state of New York to a court or justice having
     6  jurisdiction by a special proceeding to issue an  injunction,  and  upon
     7  notice  to  the  defendant  of  not  less  than five days, to enjoin and
     8  restrain the continuance of such violation; and if it  shall  appear  to
     9  the  satisfaction  of  the  court  or justice that the defendant has, in
    10  fact, violated this section, an injunction may be issued by  such  court
    11  or  justice,  enjoining  and  restraining any further violation, without
    12  requiring proof that any person has, in fact, been  injured  or  damaged
    13  thereby.  In connection with any such proposed application, the attorney
    14  general is authorized to take proof and  make  a  determination  of  the
    15  relevant facts and to issue subpoenas in accordance with the civil prac-
    16  tice law and rules.
    17    (b)  Any  person who violates this section shall be subject to a civil
    18  penalty of not more than five hundred dollars for each  violation.  Each
    19  day  in which a food service establishment or food vendor uses polystyr-
    20  ene disposable food service  ware  in  violation  of  this  section  may
    21  constitute a separate violation.
    22    (c)  In  addition,  the  district  attorney,  county attorney, and the
    23  corporation counsel shall have concurrent authority to seek  the  relief
    24  in  paragraph  (b) of this subdivision, and all civil penalties obtained
    25  in any such action shall be retained by the municipality or county.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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