Bill Text: NJ A4394 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits facility where food or beverages are consumed from providing plastic straws or stirrers unless expressly requested by consumer.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-09-13 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4394 Detail]
Download: New_Jersey-2018-A4394-Introduced.html
Sponsored by:
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Prohibits facility where food or beverages are consumed from providing plastic straws or stirrers unless expressly requested by consumer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the distribution of plastic straws and stirrers and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. New Jersey's oceans, beaches, and waterways are among the State's most vital natural resources, contributing immensely to the ecology and economy of the State.
b. The invaluable and unique ecology of the Jersey Shore is increasingly under threat from plastic pollutants. Plastic straws and stirrers make up a large proportion of the plastic waste in the waters of the State, and are frequently listed as the most commonly found trash items at beach clean-ups.
c. Disposable plastic straws and stirrers are used for mere moments, but may last lifetimes as discarded waste, as they are too small for traditional recycling of plastics. Plastic straws and stirrers are particularly dangerous for birds and marine life that may mistake these items for food, and die from poisoning or choking in the attempt to consume them. Plastic straws and stirrers degrade into microplastics, which enter the food chain and pose a significant threat to filter feeders who are exposed to consuming large aggregate amounts of plastic.
d. Food service businesses, as bulk buyers of these consumer plastics, are uniquely situated to have a major impact on the amount of single-use plastics that enter the consumer stream, and ultimately, the waste stream. Most customers do not require a disposable plastic straw or stirrer, but use them out of habit and because those items are provided automatically at businesses. Many large companies, such as McDonalds, have already started to phase out disposable plastic straws in their stores in favor of other alternatives, such as paper straws, and the same opportunity is available to businesses in the State.
e. Many waterfront cities across the country have already introduced legislation limiting the distribution of disposable plastic straws, including Seattle, Malibu, and Miami Beach.
f. Highlighting the environmental impact of disposable plastic straw and stirrer use will encourage New Jerseyans to make other environmentally minded choices around plastic use. By restricting the distribution of plastic straws, the State will greatly reduce the amount of plastic litter and waste in its waterways and set a positive example of ocean stewardship for other states to follow.
2. a. Any facility where food or beverages may be consumed on the premises, including but not limited to any restaurant, hotel, café, delicatessen, supermarket or grocery store, bar, movie theater, or business or institutional cafeteria, including those operated by or on behalf of the State, shall not leave out for consumer use single-use plastic straws or single-use plastic stirrers and shall only provide a single-use plastic straw or stirrer if expressly requested by the consumer.
b. This section shall not be construed to prohibit or restrict a facility from providing a plastic straw to accommodate a person with a medical condition or a disability.
c. Any person or entity that violates this section shall be subject to a penalty of up to $500 for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Department of Environmental Protection, the Department of Health, or any other entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) may enforce the provisions of this section. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."
d. The Department of Environmental Protection, Department of Health, or an entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
3. This act shall take effect on the 30th day after the date of enactment.
STATEMENT
This bill provides that any facility where food or beverages may be consumed on the premises shall not provide single-use plastic straws or stirrers unless specifically requested by the consumer.
The bill would require that any facility where food or beverages may be consumed on the premises, including any restaurant, hotel, café, delicatessen, supermarket or grocery store, bar, movie theater, or business or institutional cafeteria, including those operated by or on behalf of the State, may not provide or leave out for consumer use single-use plastic straws or single-use plastic stirrers. The bill would permit these food facilities to provide a single-use plastic straw or stirrer only if expressly requested by the consumer.
Any person or entity that violates this section would be subject to a penalty of up to $500 for each offense. The Department of Environmental Protection, the Department of Health, or any other entity certified pursuant to the "County Environmental Health Act," would be permitted to enforce the provisions of this section, including injunctive actions to prevent a violation. The bill provides that it shall not be construed to prohibit or restrict a facility from providing a plastic straw to accommodate a person with a medical condition or a disability.
