Bill Text: NY A08408 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A08408 Detail]

Download: New_York-2015-A08408-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8408
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 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 OTHER FOOD VENDORS TO PACKAGE UNCONSUMED FOOD. 1. DEFINITIONS.
    5  THE  FOLLOWING  TERMS  SHALL HAVE THE FOLLOWING MEANINGS AS USED IN THIS
    6  SECTION:
    7    (A) "POLYSTYRENE" OR "POLYSTYRENE FOAM" MEANS  BLOWN  POLYSTYRENE  AND
    8  EXPANDED  FOAMS  UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER
    9  OF TECHNIQUES. POLYSTYRENE FOAM IS GENERALLY USED TO MAKE  CUPS,  BOWLS,
   10  PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
   11    (B)  "FOOD  SERVICE  ESTABLISHMENT"  MEANS ANY AREA, INCLUDING OUTDOOR
   12  SEATING AREAS, IN WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES
   13  CONSUMPTION.
   14    (C) "FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER ESTAB-
   15  LISHMENT, INCLUDING A DELICATESSEN OR  RESTAURANT  THAT  SELLS  PREPARED
   16  FOODS AND PROVIDES FOR ON-PREMISES CONSUMPTION OF SUCH FOODS.
   17    (D)  "DISPOSABLE  FOOD  SERVICE  WARE"  MEANS  ALL  CONTAINERS, BOWLS,
   18  PLATES, TRAYS, CARTONS, CUPS, LIDS, AND OTHER ITEMS  THAT  ARE  DESIGNED
   19  FOR ONE-TIME USE FOR PREPARED FOODS AND MAY BE USED TO PACKAGE LEFTOVERS
   20  FROM  PARTIALLY  CONSUMED  MEALS PREPARED BY FOOD SERVICE ESTABLISHMENTS
   21  AND/OR FOOD VENDORS.
   22    2. USE OF POLYSTYRENE DISPOSABLE  FOOD  SERVICE  WARE  PROHIBITED  FOR
   23  PACKAGING  UNCONSUMED FOOD. NO FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR
   24  SHALL USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11968-01-5
       A. 8408                             2
    1  UNCONSUMED  FOOD  OR  DRINK REMAINING AFTER A MEAL TO BE TAKEN FROM SUCH
    2  FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR BY PATRONS.
    3    3. ENFORCEMENT AND VIOLATIONS. (A) WHENEVER THERE SHALL BE A VIOLATION
    4  OF  THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
    5  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
    6  JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
    7  NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
    8  RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
    9  THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
   10  FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
   11  OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
   12  REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
   13  THEREBY.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
   14  GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
   15  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   16  TICE LAW AND RULES.
   17    (B)  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
   18  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION.  EACH
   19  DAY  IN WHICH A FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR USES POLYSTYR-
   20  ENE DISPOSABLE FOOD SERVICE  WARE  IN  VIOLATION  OF  THIS  SECTION  MAY
   21  CONSTITUTE A SEPARATE VIOLATION.
   22    (C)  IN  ADDITION,  THE  DISTRICT  ATTORNEY,  COUNTY ATTORNEY, AND THE
   23  CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK  THE  RELIEF
   24  IN  PARAGRAPH  (B) OF THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED
   25  IN ANY SUCH ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR COUNTY.
   26    S 2. This act shall take effect on the one hundred eightieth day after
   27  it shall have become a law.