Bill Text: HI HB762 | 2019 | Regular Session | Introduced
Bill Title: Relating To Single-use Plastic Straws.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-03-21 - Re-Referred to AEN/CPH, JDC/WAM. [HB762 Detail]
Download: Hawaii-2019-HB762-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
762 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Single-use plastic straws.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 339, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§339- Single-use plastic straws; prohibited acts. (a)
A full-service restaurant
shall not provide a single-use plastic straw to a consumer unless requested by
the consumer.
(b) Any full-service restaurant who
violates this section shall be issued a notice of violation by the director for
the first and second violations. For any
subsequent violations, a full-service
restaurant shall be subject to a fine
imposed by the director of $25 per day of violation, not to exceed $300 during
any calendar year. Any action taken to
impose or collect the fines provided for in this section shall be considered a
civil action.
(c)
This section shall take precedence
over and preempt all contrary ordinances or rules adopted by a county or any
department or agency thereof regulating single-use plastic straws. Except as expressly authorized by state law,
no county shall enact an ordinance, rule, or regulation regulating single-use
plastic straws.
(d) For purposes of this section:
"Consumer" means a person who is a member of the public, takes
possession of food or beverages, is not functioning in the capacity of an
operator of a food facility, and does not offer the food or beverage for
resale.
"Full-service
restaurant" means an establishment with the primary business purpose of
serving food, where food may be consumed on the premises, and where all of the
following actions are taken by an employee of the establishment:
(1) The consumer is
escorted or assigned to an assigned eating area. The employee may choose the assigned eating
area or may seat the consumer according to the consumer's need for
accommodation or other request;
(2) The consumer's
food and beverage orders are taken after the consumer has been seated at the
assigned seating area;
(3) The food and
beverage orders are delivered directly to the consumer;
(4) Any requested
items associated with the consumer's food or beverage order are brought to the
consumer; and
(5) The check is
delivered directly to the consumer at the assigned eating area.
"Single-use plastic straw" means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer liquid from a container to the mouth of the person drinking a beverage. "Single-use plastic straw" does not include a straw made from non-plastic materials, including but not limited to paper, pasta, wood, or bamboo."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2020.
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INTRODUCED BY: |
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Report Title:
Single-use Plastic Straws; Prohibited Acts; Full-service Restaurants
Description:
Prohibits a full-service restaurant from providing a single-use plastic straw to a consumer unless requested by the consumer. Takes effect 1/1/2020.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
