2022 -- H 7063 | |
======== | |
LC003314 | |
======== | |
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: Representatives Bennett, Donovan, McEntee, Fogarty, Carson, | |
Date Introduced: January 12, 2022 | |
Referred To: House Environment and Natural Resources | |
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, |
| LC003314 - 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. |
======== | |
LC003314 | |
======== | |
| LC003314 - 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. |
======== | |
LC003314 | |
======== | |
| LC003314 - Page 4 of 4 |