S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1866
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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-eee to read as follows:
   § 399-EEE. PROHIBITING THE USE OF POLYSTYRENE  CONTAINERS  BY  RESTAU-
 RANTS,  FOOD TRUCKS, AND OTHER FOOD VENDORS. 1. DEFINITIONS. THE FOLLOW-
 ING 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 GROCERY STORE,  DELICATESSEN  OR  RESTAURANT  THAT
 SELLS PREPARED 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,  INCLUDING WITHOUT LIMITATION,
 SERVICE WARE TAKEOUT FOODS  AND/OR  LEFTOVERS  FROM  PARTIALLY  CONSUMED
 MEALS  PREPARED  BY  FOOD  SERVICE  ESTABLISHMENTS, FOOD VENDORS, AND/OR
 MOBILE FOOD SERVICE ESTABLISHMENTS.
   (E) "MOBILE FOOD SERVICE ESTABLISHMENT" MEANS  A  SELF-CONTAINED  FOOD
 SERVICE  OPERATION,  LOCATED  IN  A  VEHICLE OR A MOVABLE STAND, SELF OR
 OTHERWISE PROPELLED, USED TO  STORE,  PREPARE,  DISPLAY  OR  SERVE  FOOD
 INTENDED FOR INDIVIDUAL PORTION SERVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03388-01-7

 A. 1866                             2
 
   2. USE OF POLYSTYRENE DISPOSABLE FOOD SERVICE WARE PROHIBITED. NO FOOD
 SERVICE ESTABLISHMENT, FOOD VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT
 SHALL  USE POLYSTYRENE DISPOSABLE FOOD SERVICE WARE FOR THE PACKAGING OF
 FOOD OR DRINK TO BE TAKEN FROM SUCH  FOOD  SERVICE  ESTABLISHMENT,  FOOD
 VENDOR, OR MOBILE FOOD SERVICE ESTABLISHMENT 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, FOOD VENDOR, OR MOBILE FOOD
 SERVICE ESTABLISHMENT USES POLYSTYRENE 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.