HOUSE OF REPRESENTATIVES

H.B. NO.

371

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to disposable food containers.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that due to its lightweight nature and ability to break down into smaller fragments that persist for decades, polystyrene has significant negative impacts on the environment, contributes to the potential death of marine animals and avian populations through ingestion, and is a suspected human carcinogen.

     The purpose of this Act is to prohibit the use of polystyrene food containers in state-owned and state-run buildings and facilities and require that food be packed in compostable containers.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Food service containers

     §   -1  Definitions.  As used in this chapter:

     "Compostable" means materials that are able to undergo biological decomposition or become part of a usable compost in a safe and timely manner, either in an appropriate composting program or facility or in a home compost pile or device.  To qualify as compostable, the materials must meet ASTM Standard D6400 for compostable plastics, as amended.

     "Department" means the department of health.

     "Disposable food service container" means a disposable product used by a restaurant or food establishment as packaging to serve or transport prepared, ready-to-consume food or beverages, including but not limited to plates, cups, bowls, trays, and hinged or lidded containers.  "Disposable food service container" does not include single-use disposable straws or utensils.

     "Polystyrene" means a thermoplastic petrochemical material utilizing a styrene monomer, including all polystyrene, meaning any styrene or vinyl chloride polymer that is blown into a foam-like material.  Polystyrene includes materials created from techniques including the fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

     "Polystyrene foam container" means a container that is made using polystyrene material.

     "Prepared food" means food or beverages that are prepared to be consumed on or off the premises of a restaurant or food establishment.

     "Undue hardship" includes but is not limited to situations in which:

     (1)  There are no acceptable alternatives to packaging with polystyrene foam containers for reasons that are unique to the applicant; or

     (2)  Compliance with the prohibition would deprive a person of a legally protected right.

     §   -2  Prohibition on the use of polystyrene foam containers; exemptions.  (a)  Beginning on January 1, 2018, no restaurant or food establishment operating within any state-owned or state-run building or facility shall serve prepared food using polystyrene foam containers.

     (b)  Beginning on January 1, 2018, any restaurant or food establishment operating within any state-owned or state-run building or facility shall use disposable food service containers made of compostable material.

     (c)  The department may grant an exemption from the requirements of this section upon application and a showing by the applicant that compliance would cause undue hardship. 

     §   -3  Rules.  The department shall adopt rules pursuant to chapter 91 necessary to implement this chapter, including rules relating to enforcement and exemptions."

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Food Service Containers

 

Description:

Prohibits the use of polystyrene food containers in state-owned and state-run buildings and facilities beginning 1/1/18.  Requires that food be packed in compostable containers.  Authorizes DOH to allow exemptions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.