Add Art 27 Title 28 §§27-2801 - 27-2805, En Con L; add §399-tt, Gen Bus L
Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer or when selected by the consumer from a self-service dispenser.
STATE OF NEW YORK
________________________________________________________________________
8726--B
IN SENATE
May 10, 2018
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law and the general busi-
ness law, in relation to prohibitions on single-use plastic straws in
restaurants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 28 to read as follows:
3 TITLE 28
4 PLASTIC STRAW RESTRICTIONS
5 Section 27-2801. Definitions.
6 27-2803. Single-use plastic straws.
7 27-2805. Enforcement.
8 § 27-2801. Definitions.
9 For the purposes of this title, "restaurant" means any diner or other
10 eating or beverage establishment, which offers for sale food or beverag-
11 es to the public, guests, members, or patrons, where the food or bever-
12 ages are customarily consumed on the premises. For purposes of this
13 title, "restaurant" shall include a fast food establishment, bar, coffee
14 shop, cafeteria, luncheonette, or short order cafe; however, "restau-
15 rant" shall not include a sandwich stand, soda fountain, drive-through
16 portion of a restaurant, drive-in restaurant, or any establishment or
17 portion of a restaurant where food or beverages are customarily consumed
18 off the premises.
19 § 27-2803. Single-use plastic straws.
20 1. Restaurants shall only provide single-use plastic straws to custom-
21 ers when explicitly requested by the customer or selected by the consum-
22 er from a self-service dispenser.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14988-05-8
S. 8726--B 2
1 2. Nothing in this section shall preclude a restaurant from providing
2 customers with non-plastic straws as an alternative to single-use plas-
3 tic straws, including, but not limited to, straws made from paper, sugar
4 cane, or bamboo.
5 § 27-2805. Enforcement.
6 Any person who violates this title shall be liable for a civil penalty
7 in the amount of one hundred dollars for the first violation, two
8 hundred dollars for the second violation committed on a different day
9 within a period of twelve months, and four hundred dollars the the third
10 and each subsequent violation committed on different days within a peri-
11 od of twelve months, except that the department shall not issue a notice
12 of violation, but shall issue a warning and provide information on
13 compliance with such section, for any violation that occurs within one
14 year of the effective date of this section.
15 § 2. The general business law is amended by adding a new section 399-
16 tt to read as follows:
17 § 399-tt. Single-use plastic straws. Restaurants shall only provide
18 single-use plastic straws to customers where explicitly requested by the
19 customer pursuant to title twenty-eight of article twenty-seven of the
20 environmental conservation law.
21 § 3. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law.
