S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5232
                              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
       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  AND  FOOD VENDORS. 1. ANY RESTAURANT OR FOOD VENDOR SHALL NOT USE
    5  POLYSTYRENE CONTAINERS FOR PACKAGING FOOD TO BE TAKEN FROM SUCH  RESTAU-
    6  RANT OR FOOD VENDOR BY PATRONS.
    7    2.  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS AS USED IN
    8  THIS SECTION:
    9    (A) "POLYSTYRENE" OR "POLYSTYRENE FOAM" MEANS  BLOWN  POLYSTYRENE  AND
   10  EXPANDED  FOAMS  UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER
   11  OF TECHNIQUES. POLYSTYRENE FOAM IS GENERALLY USED TO MAKE  CUPS,  BOWLS,
   12  PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
   13    (B)  "RESTAURANT" MEANS ANY ESTABLISHMENT THAT SELLS PREPARED FOOD FOR
   14  CONSUMPTION ON, NEAR, OR OFF ITS PREMISES. FOR PURPOSES OF THIS SECTION,
   15  THE TERM INCLUDES A RESTAURANT  OPERATING  FROM  A  TEMPORARY  FACILITY,
   16  CART, VEHICLE OR MOBILE UNIT.
   17    (C) "FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER ESTAB-
   18  LISHMENT,  INCLUDING  A  GROCERY  STORE, DELICATESSEN OR RESTAURANT THAT
   19  SELLS PREPARED FOODS.
   20    (D) "DISPOSABLE  FOOD  SERVICE  WARE"  MEANS  ALL  CONTAINERS,  BOWLS,
   21  PLATES,  TRAYS,  CARTONS,  CUPS, LIDS, AND OTHER ITEMS THAT ARE DESIGNED
   22  FOR ONE-TIME USE  FOR  PREPARED  FOODS,  INCLUDING  WITHOUT  LIMITATION,
   23  SERVICE  WARE  TAKEOUT  FOODS  AND/OR  LEFTOVERS FROM PARTIALLY CONSUMED
   24  MEALS PREPARED BY RESTAURANTS AND/OR FOOD VENDORS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07499-02-5
       A. 5232                             2
    1    3. ALL RESTAURANTS OR FOOD VENDORS USING ANY DISPOSABLE  FOOD  SERVICE
    2  WARE SHALL USE A SUITABLE AFFORDABLE ALTERNATIVE PRODUCT.
    3    S  2. This act shall take effect on the first of January next succeed-
    4  ing the date on which it shall have become a law.