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S02307 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
        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.

        S. 2307                             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.
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