THE SENATE	S.B. NO.	619
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to the environment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

EXPANDED POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINERS

§   -1 Definitions.  As used in this chapter:

     "Compostable" means all materials in the product will break down into usable compost in a safe and timely manner without leaving any toxic residue.

     "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.

     "Expanded polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing styrene.

     "Prepared food" means food or beverages that are prepared for consumption on the premises of a restaurant or food establishment or taken out by a customer from the restaurant or food establishment.

§   -2 Expanded polystyrene foam disposable food service containers; prohibited use.  (a)  Beginning January 1, 2015, restaurants and other food establishments shall not use disposable food service containers made of expanded polystyrene foam as packaging for prepared food.

     (b)  Restaurants and other food establishments shall substitute compostable disposable food service containers for expanded polystyrene foam disposable food service containers.

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

§   -4  Penalties.  A restaurant or other food establishment that violates section    -2 shall receive a written warning from the department of health for an initial violation. Violators shall pay a fine for subsequent violations as follows:

     (1)  $100 for each of the second and third violation;

     (2)  $300 for each of the fourth and fifth violation; and

     (3)  $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 2.  The department of health shall establish and maintain a list of suitable and appropriate packaging for prepared food, including but not limited to compostable disposable food service containers, as alternatives to the use of polystyrene, polystyrene foam, and expanded polystyrene disposable food service containers.  The department shall post its findings on a publicly accessible website no later than July 1, 2014.  The content of the website shall be updated with any new developments.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Environment; Foam Disposable Food Containers

Description:

Prohibits food establishments from using expanded polystyrene foam disposable food service containers beginning 1/1/15.  Requires food establishments to use compostable food containers beginning 1/1/15.  Requires violators to pay a fine for repeated violations.  Requires the department of health to establish a list of alternative food containers to be posted on the department's website by 7/1/14.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.