HOUSE OF REPRESENTATIVES	H.B. NO.	762
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

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.

 

INTRODUCED BY:	_____________________________

 

 

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.

 

 

 

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