SB2629 SD1

SECTION 1. The legislature finds that most takeout food containers, particularly plate lunch containers and beverage cups, are made from polystyrene foam, commonly known as styrofoam, a trademark name. Polystyrene is not biodegradable and does not decompose, resulting in the dumping of polystyrene into landfills that are already filled to capacity. Furthermore, the polystyrene does not disintegrate like other trash. Polystyrene containers also litter the landscape and streets, creating unsightly visual pollution and a major public inconvenience and cost. If animals eat the polystyrene, it may cause the animal to become ill and die. Polystyrene lacks any recyclable value since it is not recyclable and has little or no scrap value.

The legislature finds that it is in the interest of protecting the public health and safety to prohibit the use of polystyrene food containers by restaurants and take-out food operations.

The purpose of this Act is to prohibit the use of polystyrene food containers by restaurants and takeout food operations.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

POLYSTYRENE FOAM CONTAINERS

§ -1 Definitions. As used in this chapter:

"Biodegradable" means capable of being broken down by micro-organisms commonly found in the environment into non-harmful substances or elements within a reasonably short time after disposal.

"Degradable" means material that:

(1) Substantially reduces to its constituent substances through processes initiated by natural organisms whose end products are substantially, but not necessarily entirely, carbon dioxide and water; and

(2) Is designed to degrade when exposed to ultraviolet light.

The term "degradable" does not include synthetic or plastic-coated cellulose-based items comprising more than five per cent of the total volume of an item.

"Disposable food service container" means disposable products used in a restaurant or take-out food operation as packaging to serve or transport prepared, ready-to-consume food or beverages, including but not limited to, plates, cups, bowls, trays, and hinged or lidded containers. The term "disposable food service container" does not include straws, cup lids, utensils, and packaging for unprepared food.

"Expanded polystyrene" means blown polystyrene and expanded and extruded foams, commonly referred to as Styrofoam (a trademark Dow Chemical Company form of polystyrene foam insulation), that are thermoplastic petrochemical materials utilizing a styrene monomer, and processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons.

"Nonprofit food provider" means a charitable nonprofit entity operating pursuant to section 501(c)(3) of the Internal Revenue Code, and whose primary purpose is to provide health and human services, including furnishing food, to the poor or needy.

"Packaging" means all food-related wrappings, bags, boxes, coverings, and containers, including but not limited to, cups and similar containers for drinking out of or for holding liquids, and plates and serving trays. The term "packaging" does not include plastic knives, forks, spoons, lids, straws, and materials used to package unprepared food.

"Polystyrene" means expanded polystyrene that is a themoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

"Polystyrene foam" means a thermoplastic petrochemical material utilizing a styrene monomer and processed by techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

"Prepared food" means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption by a retail consumer or customer on the premises of a restaurant or taken out by a customer from the restaurant. The term "prepared food" does not include raw or butchered meats, fish, or poultry, but does include raw fish or seafood intended to be consumed as raw.

"Restaurant" means an eating establishment, including but not limited to, coffees shops, cafeterias, sandwich stands, which gives or offers food for sale to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. For purposes of this chapter, the term "restaurant" shall include a take-out food service for prepared food of the restaurant, or a stand-alone lunch wagon or lunch counter operation that sells prepared food to customers to be consumed off the premises of the lunch wagon or lunch counter whether or not the lunch wagon or lunch counter is affiliated with a restaurant.

"Unprepared food" means any food that is not prepared.

§ -2 Polystyrene foam containers; prohibited use. (a) Beginning January 1, 2010, only degradable or biodegradable disposable food service containers shall be used by restaurants as packaging for prepared food. Beginning January 1, 2010, no restaurant shall use polystyrene, polystyrene foam, or expanded polystyrene or styrofoam as packaging for prepared food.

(b) This section shall not be interpreted to prohibit the use of prepared food packaging composed of recyclable, degradable, or biodegradable material.

(c) This section shall not apply to the use of polystyrene, polystyrene foam, or expanded polystyrene or styrofoam by a nonprofit food provider serving the needy.

§ -3 Administration. The department of health shall administer this chapter. The director of health shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

§ -4 Penalties. A restaurant that violates section ‑2, shall receive a warning from the department of health for an initial violation. There shall be no penalty for a warning. If not less than thirty days elapsed from the warning and the restaurant is cited by the department of health for violation of section -2 or any rule adopted pursuant to section ‑3, the restaurant shall be fined $100 for each of the first, second, and third violation; $300 for each of the fourth and fifth violation; and $500 for the fifth violation and each subsequent violation. Each day of each violation shall be considered a separate offense. Any action taken in court to impose or collect the penalty provided for in this section shall be considered a civil action."

SECTION 3. The department of health shall establish and maintain a list of suitable and appropriate packaging for prepared food, including but not limited to degradable or biodegradable disposable food service containers, as alternatives to the use of polystyrene, polystyrene foam, and expanded polystyrene or styrofoam. The department of health shall post its findings on a publicly accessible website no later than January 1, 2009. The content material of the website shall be updated with any new developments.

SECTION 4. The department of agriculture, in coordination with the department of business, economic development, and tourism, shall evaluate the feasibility and potential for production of biodegradable disposable food service-ware products within the State and report its findings and recommendations to the legislature no later than twenty days prior to the convening of the 2010 regular session.

SECTION 5. The department of health, in consultation with the counties and relevant state agencies, and with input from members of the public, shall submit a report recommending any needed changes to this Act, including but not limited to whether the ban imposed by this Act should be modified or extended to other products, to the legislature no later than twenty days prior to the convening of the 2011 regular session.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the department of health to administer and enforce section 2 of this Act and to implement section 3 of this Act.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. This Act shall take effect on .

THE SENATE	S.B. NO.	2629
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII