Chapter 274 |
2023 -- S 0014 SUBSTITUTE B Enacted 06/22/2023 |
A N A C T |
RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS |
Introduced By: Senators Miller, Valverde, Kallman, Gu, DiMario, and Lauria |
Date Introduced: January 18, 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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LC000272/SUB B |
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