Bill Text: NY A05232 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to prohibiting the use of polystyrene containers by restaurants and food vendors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A05232 Detail]

Download: New_York-2015-A05232-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5232--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee  on  Consumer Affairs and Protection -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN ACT to amend the general business law, in relation to prohibiting the
         use of polystyrene containers by restaurants and food vendors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-ccc to read as follows:
    3    S 399-CCC. PROHIBITING THE USE OF POLYSTYRENE  CONTAINERS  BY  RESTAU-
    4  RANTS,  FOOD TRUCKS, AND OTHER FOOD VENDORS. 1. DEFINITIONS. THE FOLLOW-
    5  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS AS USED IN THIS SECTION:
    6    (A) "POLYSTYRENE" OR "POLYSTYRENE FOAM" MEANS  BLOWN  POLYSTYRENE  AND
    7  EXPANDED  FOAMS  UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER
    8  OF TECHNIQUES. POLYSTYRENE FOAM IS GENERALLY USED TO MAKE  CUPS,  BOWLS,
    9  PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
   10    (B)  "FOOD  SERVICE  ESTABLISHMENT"  MEANS ANY AREA, INCLUDING OUTDOOR
   11  SEATING AREAS, IN WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES
   12  CONSUMPTION.
   13    (C) "FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER ESTAB-
   14  LISHMENT, INCLUDING A GROCERY STORE,  DELICATESSEN  OR  RESTAURANT  THAT
   15  SELLS PREPARED FOODS.
   16    (D)  "DISPOSABLE  FOOD  SERVICE  WARE"  MEANS  ALL  CONTAINERS, BOWLS,
   17  PLATES, TRAYS, CARTONS, CUPS, LIDS, AND OTHER ITEMS  THAT  ARE  DESIGNED
   18  FOR  ONE-TIME  USE  FOR  PREPARED  FOODS,  INCLUDING WITHOUT LIMITATION,
   19  SERVICE WARE TAKEOUT FOODS  AND/OR  LEFTOVERS  FROM  PARTIALLY  CONSUMED
   20  MEALS  PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS, FOOD VENDORS, AND/OR
   21  MOBILE FOOD SERVICE ESTABLISHMENTS.
   22    (E) "MOBILE FOOD SERVICE ESTABLISHMENT" MEANS  A  SELF-CONTAINED  FOOD
   23  SERVICE  OPERATION,  LOCATED  IN  A  VEHICLE OR A MOVABLE STAND, SELF OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07499-03-5
       A. 5232--A                          2
    1  OTHERWISE PROPELLED, USED TO  STORE,  PREPARE,  DISPLAY  OR  SERVE  FOOD
    2  INTENDED FOR INDIVIDUAL PORTION SERVICE.
    3    2. USE OF POLYSTYRENE DISPOSABLE FOOD SERVICE WARE PROHIBITED. NO FOOD
    4  SERVICE ESTABLISHMENT, FOOD VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT
    5  SHALL  USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING OF
    6  FOOD OR DRINK TO BE TAKEN FROM SUCH  FOOD  SERVICE  ESTABLISHMENT,  FOOD
    7  VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT BY PATRONS.
    8    3. ENFORCEMENT AND VIOLATIONS. (A) WHENEVER THERE SHALL BE A VIOLATION
    9  OF  THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
   10  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
   11  JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
   12  NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
   13  RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
   14  THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
   15  FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
   16  OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
   17  REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
   18  THEREBY.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
   19  GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
   20  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   21  TICE LAW AND RULES.
   22    (B)  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
   23  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION.  EACH
   24  DAY  IN  WHICH A FOOD SERVICE ESTABLISHMENT, FOOD VENDOR, OR MOBILE FOOD
   25  SERVICE ESTABLISHMENT USES POLYSTYRENE DISPOSABLE FOOD SERVICE  WARE  IN
   26  VIOLATION OF THIS SECTION MAY CONSTITUTE A SEPARATE VIOLATION.
   27    (C)  IN  ADDITION,  THE  DISTRICT  ATTORNEY,  COUNTY ATTORNEY, AND THE
   28  CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK  THE  RELIEF
   29  IN  PARAGRAPH  (B) OF THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED
   30  IN ANY SUCH ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR COUNTY.
   31    S 2. This act shall take effect on the one hundred eightieth day after
   32  it shall have become a law.