| Chapter 273 |
| 2023 -- H 5090 SUBSTITUTE A Enacted 06/22/2023 |
| A N A C T |
| RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS |
Introduced By: Representatives Bennett, Carson, Speakman, Cortvriend, McEntee, Caldwell, Shanley, Donovan, Ajello, and Handy |
| Date Introduced: January 12, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
| amended by adding thereto the following chapter: |
| CHAPTER 27.3 |
| DISPOSABLE FOOD SERVICE CONTAINERS |
| 21-27.3-1. Definitions. |
| As used in this chapter: |
| (1) "Consumer" means an individual who purchases or accepts food or beverages for use |
| or consumption. |
| (2) "Covered establishment" includes, but is not limited to: |
| (i) A "food service establishment," which shall have the same meaning set forth in § 21- |
| 27-1. |
| (ii) A food service establishment shall not include: |
| (A) A hospital or a so-called meals on wheels establishment funded in whole or in part |
| directly or indirectly by or through the executive office of health and human services to provide |
| meals at dispersed locations from central kitchen facilities; |
| (B) An "agricultural fair," which shall mean a fair held annually at a set location in a county |
| to exhibit local agricultural products and livestock; |
| (C) A "farmers' market," which shall have the same meaning as set forth in § 21-27-1; |
| (D) A food pantry, church, or community organization that provides food or beverages |
| without charge; and |
| (E) A boarding home, a retirement home, an independent living facility, an assisted living |
| facility, or a nursing home. |
| (3) "Disposable food service container" means service ware designed for one-time use. |
| This definition includes service ware for take-out foods and leftovers from partially consumed |
| meals prepared by covered establishments. This definition does not include polystyrene foam |
| coolers or ice chests that are used for the processing or shipping of food. |
| (4) "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a |
| styrene monomer. |
| (5) "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer, or |
| other item designed to be used to contain, transport, serve, or consume prepared foods. |
| 21-27.3-2. Prohibitions and exemptions. |
| (a) Prohibition. Beginning January 1, 2025, a covered establishment may not process, |
| prepare, sell, or provide food or beverages in or on a disposable food service container that is |
| composed in whole or in part of polystyrene foam. |
| (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or |
| function of the state may not provide beverage stirrers that are composed of plastic. For the |
| purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids |
| that are intended for internal human consumption and are contained in a single-serving container. |
| (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment |
| may: |
| (1) In an emergency for the immediate preservation of the public health or safety, as |
| determined applicable by the department of health, process, prepare, sell, or provide food or |
| beverages in or on a disposable food service container that is composed in whole or in part of |
| polystyrene foam; |
| (2) Sell or provide food or beverages in or on a disposable food service container that is |
| composed in whole or in part of polystyrene foam that a consumer brings to the covered |
| establishment; and |
| (3) Sell at retail, food or beverages in or on a disposable food service container that is |
| composed in whole or in part of polystyrene foam that the covered establishment purchases |
| prepackaged at wholesale. |
| 21-27.3-3. Violations of chapter -- Penalty. |
| Any person who or that violates any of the provisions of this chapter, or of the rules and |
| regulations promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or |
| employee, who or that directs or knowingly permits the violation or who aids or assists in the |
| violation, shall upon conviction, be subject to a fine of not more than one hundred dollars ($100). |
| 21-27.3-4. Enforcement. |
| The director of the department of health shall promulgate and adopt such rules and |
| regulations as may be necessary to enforce the provisions of this chapter. |
| SECTION 2. This act shall take effect on January 1, 2025. |
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| LC000320/SUB A/4 |
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