S T A T E   O F   N E W   Y O R K
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                                  8408

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  use of polystyrene containers by restaurants and food vendors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ccc to read as follows:
  S 399-CCC. PROHIBITING THE USE OF POLYSTYRENE  CONTAINERS  BY  RESTAU-
RANTS AND OTHER FOOD VENDORS TO PACKAGE UNCONSUMED FOOD. 1. DEFINITIONS.
THE  FOLLOWING  TERMS  SHALL HAVE THE FOLLOWING MEANINGS AS USED IN THIS
SECTION:
  (A) "POLYSTYRENE" OR "POLYSTYRENE FOAM" MEANS  BLOWN  POLYSTYRENE  AND
EXPANDED  FOAMS  UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER
OF TECHNIQUES. POLYSTYRENE FOAM IS GENERALLY USED TO MAKE  CUPS,  BOWLS,
PLATES, TRAYS, CLAMSHELL CONTAINERS, MEAT TRAYS AND EGG CARTONS.
  (B)  "FOOD  SERVICE  ESTABLISHMENT"  MEANS ANY AREA, INCLUDING OUTDOOR
SEATING AREAS, IN WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES
CONSUMPTION.
  (C) "FOOD VENDOR" MEANS ANY STORE, SHOP, SALES OUTLET, OR OTHER ESTAB-
LISHMENT, INCLUDING A DELICATESSEN OR  RESTAURANT  THAT  SELLS  PREPARED
FOODS AND PROVIDES FOR ON-PREMISES CONSUMPTION OF SUCH FOODS.
  (D)  "DISPOSABLE  FOOD  SERVICE  WARE"  MEANS  ALL  CONTAINERS, BOWLS,
PLATES, TRAYS, CARTONS, CUPS, LIDS, AND OTHER ITEMS  THAT  ARE  DESIGNED
FOR ONE-TIME USE FOR PREPARED FOODS AND MAY BE USED TO PACKAGE LEFTOVERS
FROM  PARTIALLY  CONSUMED  MEALS PREPARED BY FOOD SERVICE ESTABLISHMENTS
AND/OR FOOD VENDORS.
  2. USE OF POLYSTYRENE DISPOSABLE  FOOD  SERVICE  WARE  PROHIBITED  FOR
PACKAGING  UNCONSUMED FOOD. NO FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR
SHALL USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11968-01-5

              

A. 8408                             2

UNCONSUMED  FOOD  OR  DRINK REMAINING AFTER A MEAL TO BE TAKEN FROM SUCH
FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR BY PATRONS.
  3. ENFORCEMENT AND VIOLATIONS. (A) WHENEVER THERE SHALL BE A VIOLATION
OF  THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT  SHALL  APPEAR  TO
THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
THEREBY.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  (B)  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION.  EACH
DAY  IN WHICH A FOOD SERVICE ESTABLISHMENT OR FOOD VENDOR USES POLYSTYR-
ENE DISPOSABLE FOOD SERVICE  WARE  IN  VIOLATION  OF  THIS  SECTION  MAY
CONSTITUTE A SEPARATE VIOLATION.
  (C)  IN  ADDITION,  THE  DISTRICT  ATTORNEY,  COUNTY ATTORNEY, AND THE
CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK  THE  RELIEF
IN  PARAGRAPH  (B) OF THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED
IN ANY SUCH ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR COUNTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.