PRINTER'S NO. 771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
783
Session of
2021
INTRODUCED BY BRIGGS, ISAACSON, SANCHEZ, SCHLOSSBERG, McNEILL,
FREEMAN, HOWARD, MADDEN, A. DAVIS, HOHENSTEIN, HILL-EVANS,
DEASY, MERSKI, WEBSTER, SCHWEYER, LEE, D. WILLIAMS, WARREN,
KINKEAD AND FRANKEL, MARCH 8, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 8, 2021
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.
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4308. Applicability.
§ 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 any
place where food is prepared, mixed, cooked, baked, smoked,
preserved, bottled, packaged, handled, stored, manufactured and
sold or offered for sale, including 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.
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"Polystyrene food service container." As follows:
(1) A single-use polystyrene foam food service
container, including 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, including 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:
(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:
(1) Meat trays.
(2) Egg cartons.
(3) Packing materials.
§ 4304. Complaints.
The department shall prescribe a procedure for a person to
file a complaint with the department for a violation of this
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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 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 this chapter.
§ 4308. Applicability.
This act shall apply to transactions consummated after July
1, 2021.
Section 2. This act shall take effect immediately.
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