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PRINTER'S NO. 4229
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2712
Session of
2018
INTRODUCED BY DALEY AND FRANKEL, OCTOBER 12, 2018
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 12, 2018
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in environmental protection, providing
for single-use plastic straw prohibition; and imposing civil
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 43
SINGLE-USE PLASTIC STRAW PROHIBITION
Sec.
4301. Purpose.
4302. Definitions.
4303. Prohibition.
4304. Complaints.
4305. Compliance.
4306. Regulations.
4307. Penalties.
4308. Applicability.
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§ 4301. Purpose.
The intent of this chapter is to reduce the adverse
environmental impact of single-use plastic straws.
§ 4302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Food establishment." All sales outlets, stores, shops or
other places of business located within this Commonwealth which
operate primarily to sell or convey food directly to the
ultimate consumer, which food is predominately contained,
wrapped or held in or on packaging. The term includes any place
where food is prepared, mixed, cooked, baked, smoked, preserved,
bottled, packaged, handled, stored, manufactured and sold or
offered for sale, including, but not limited to, any fixed or
mobile restaurant, drive-in, coffee shop, cafeteria, short order
cafe, delicatessen, luncheonette, grill, sandwich shop, soda
fountain, tavern, bar, cocktail lounge, nightclub, roadside
stand, prepared food take-out place, industrial feeding
establishment, catering kitchen, commissary, grocery store,
public food market, food stand or similar place in which food or
drink is prepared for sale or for service on the premises or
elsewhere, and any other establishment or operation, including
homes, where food is processed, prepared, stored, served or
provided for the public for charge.
"Retailer." A person that purchases or receives products
from any source for the purpose of sale to a consumer.
"Single-use plastic straw." A single-use, disposable tube
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made predominantly of plastic derived from either petroleum or a
biologically based polymer, such as corn or other plant sources,
used to transfer a beverage from a container to the mouth of the
person drinking the beverage. The term does not include a straw
made from nonplastic materials, including, but not limited to,
paper, pasta, sugar cane, wood or bamboo.
§ 4303. Prohibition.
(a) Food establishment.--A food establishment is prohibited
from selling, giving or providing single-use plastic straws
except on the specific request of a customer .
(b) Retailer.--A retailer is prohibited from selling, giving
or providing single-use plastic straws except on the specific
request of a customer .
§ 4304. Complaints.
The department shall prescribe a procedure for a person to
file a complaint with the department for a violation of this
chapter.
§ 4305. Compliance.
The department shall develop and maintain a publicly
accessible Internet website with all of the following:
(1) A description of the information necessary to comply
with the prohibition under section 4303 (relating to
prohibition).
(2) A description of the procedure under section 4304
(relating to complaints) to file a complaint with the
department for a violation of the prohibition under this
chapter.
§ 4306. Regulations.
The department may promulgate rules and regulations necessary
to implement the provisions of this chapter.
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§ 4307. Penalties.
(a) Imposition.--The department may impose a civil penalty
in the following amounts for a violation of this chapter:
(1) For a first violation, $500.
(2) For a second violation, $1,000.
(3) For a third or subsequent violation, $2,000.
(b) Payment.--Any civil penalty collected under subsection
(a) shall be paid to the department.
(c) Local law.--This chapter shall preempt any ordinance or
resolution passed or adopted by any political subdivision that
is effective on or before or after the effective date of this
chapter to the extent that the ordinance or resolution conflicts
or is inconsistent with the provisions of this chapter.
§ 4308. Applicability.
This act shall apply to transactions consummated after
December 31, 2018.
Section 2. This act shall take effect immediately.
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