See other bills
under the
same topic
PRINTER'S NO. 1107
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
803
Session of
2019
INTRODUCED BY LEACH, KEARNEY, SCHWANK, TARTAGLIONE, HUGHES AND
HAYWOOD, JULY 16, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JULY 16, 2019
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in environmental protection, providing
for polystyrene food container prohibition.
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
POLYSTYRENE FOOD CONTAINER PROHIBITION
Sec.
4301. Purpose.
4302. Definitions.
4303. Prohibition.
4304. Complaints.
4305. Compliance.
4306. Regulations.
4307. Penalties.
4308. Applicability.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
§ 4301. Purpose.
The intent of this chapter is to reduce the adverse
environmental impact of polystyrene food containers by
prohibiting a food establishment from dispensing prepared food
to a customer in a polystyrene food service container.
§ 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 shall include, but
not be limited to, 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.
20190SB0803PN1107 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Polystyrene food service container." As follows:
(1) A single-use polystyrene foam food service container
such as a cup, bowl, plate and clamshell-style container in
addition to a foam cooler that is not encased in another
material.
(2) A single-use polystyrene solid plastic food
container such as a cup, bowl, plate, clamshell-style
container, cutlery, straw and cup lid.
"Prepared food." Food or beverage prepared for public
consumption by a food establishment using any cooking or food
preparation technique. The term does not include raw or uncooked
meat, fish or eggs provided for public consumption without
further food preparation .
"Retailer." A person that purchases or receives products
from any source for the purpose of sale to a consumer.
§ 4303. Prohibition.
(a) Food establishment.--A food establishment is prohibited
from the following:
(1) Dispensing prepared food in or on a polystyrene food
service container.
(2) Selling, giving or providing eating utensils or
straws composed of polystyrene.
(b) Retailer.--A retailer is prohibited from selling, giving
or providing a polystyrene food service container except for the
following:
(1) Meat trays.
(2) Egg cartons.
(3) Packing materials.
§ 4304. Complaints.
The department shall prescribe a procedure for a person to
20190SB0803PN1107 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 to file a complaint
with the department for a violation of the prohibition under
section 4304 (relating to complaints).
§ 4306. Regulations.
The department may promulgate rules and regulations necessary
to implement the provisions of this chapter.
§ 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, 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 chapter shall apply to transactions consummated after
December 31, 2019.
20190SB0803PN1107 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2. This act shall take effect immediately.
20190SB0803PN1107 - 5 -
1