2022 -- S 2050

========

LC003761

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS

     

     Introduced By: Senators Miller, Valverde, Euer, DiMario, and Seveney

     Date Introduced: January 25, 2022

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

2

amended by adding thereto the following chapter:

3

CHAPTER 27.3

4

DISPOSABLE FOOD SERVICE CONTAINERS

5

     21-27.3-1. Definitions.

6

     As used in this chapter:

7

     (1) "Consumer" means an individual who purchases or accepts food or beverages for use

8

or consumption.

9

     (2) "Covered establishment" includes, but is not limited to:

10

     (i) A "food service establishment," which shall have the same meaning set forth in § 21-

11

27-1. Provided, a food service establishment shall not include a hospital or a so-called meals on

12

wheels establishment funded in whole or in part directly or indirectly by or through the executive

13

office of health and human services to provide meals at dispersed locations from central kitchen

14

facilities;

15

     (ii) An "agricultural fair," which shall mean a fair held annually at a set location in a county

16

to exhibit local agricultural products and livestock;

17

     (iii) A "farmers' market," which shall have the same meaning as set forth in § 21-27-1;

18

     (iv) A food pantry, church or community organization that provides food or beverages

19

without charge; and

 

1

     (v) A boarding home, a retirement home, an independent living facility, or a nursing home.

2

     (3) "Disposable food service container" means service ware designed for one-time use.

3

     (i) "Disposable food service container" includes service ware for take-out foods, packaged

4

meat, eggs, bakery products and leftovers from partially consumed meals prepared by covered

5

establishments.

6

     (ii) "Disposable food service container" does not include polystyrene foam coolers or ice

7

chests that are used for the processing or shipping of seafood.

8

     (4) "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a

9

styrene monomer.

10

     (5) "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or

11

other item designed to be used to contain, transport, serve or consume prepared foods.

12

     21-27.3-2. Prohibitions and exemptions.

13

     (a) Prohibition. Beginning January 1, 2024, a covered establishment may not process,

14

prepare, sell or provide food or beverages in or on a disposable food service container that is

15

composed in whole or in part of polystyrene foam.

16

     (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or

17

function of the state may not provide beverage stirrers that are composed of plastic. For the

18

purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids

19

that are intended for internal human consumption and are contained in a single-serving container.

20

     (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment

21

may:

22

     (1) In an emergency for the immediate preservation of the public health or safety, as

23

determined applicable by the department of health, process, prepare, sell or provide food or

24

beverages in or on a disposable food service container that is composed in whole or in part of

25

polystyrene foam;

26

     (2) Sell or provide food or beverages in or on a disposable food service container that is

27

composed in whole or in part of polystyrene foam that a consumer brings to the covered

28

establishment; and

29

     (3) Sell at retail, food or beverages in or on a disposable food service container that is

30

composed in whole or in part of polystyrene foam that the covered establishment purchases

31

prepackaged at wholesale.

32

     21-27.3-3. Violations of chapter -- Penalty.

33

     Any person that violates any of the provisions of this chapter, or of the rules and regulations

34

promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee,

 

LC003761 - Page 2 of 4

1

who directs or knowingly permits the violation or who aids or assists in the violation, shall upon

2

conviction, be subject to a fine of not more than one hundred dollars ($100).

3

     SECTION 2. This act shall take effect upon passage.

========

LC003761

========

 

LC003761 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS

***

1

     This act would prohibit a covered establishment from preparing, selling, processing or

2

providing food or beverages in or on a disposable food service container that is composed in whole

3

or in part of polystyrene foam.

4

     This act would take effect upon passage.

========

LC003761

========

 

LC003761 - Page 4 of 4