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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS

     

     Introduced By: Representatives Bennett, Carson, Speakman, Cortvriend, McEntee,
Caldwell, Shanley, Donovan, Ajello, and Handy

     Date Introduced: January 12, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 27.3

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DISPOSABLE FOOD SERVICE CONTAINERS

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     21-27.3-1. Definitions.

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     As used in this chapter:

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     (1) "Consumer" means an individual who purchases or accepts food or beverages for use

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or consumption.

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     (2) "Covered establishment" includes, but is not limited to:

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     (i) A "food service establishment," which shall have the same meaning set forth in § 21-

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27-1.

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     (ii) A food service establishment shall not include:

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     (A) A hospital or a so-called meals on wheels establishment funded in whole or in part

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directly or indirectly by or through the executive office of health and human services to provide

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meals at dispersed locations from central kitchen facilities;

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     (B) An "agricultural fair," which shall mean a fair held annually at a set location in a county

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to exhibit local agricultural products and livestock;

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     (C) A "farmers' market," which shall have the same meaning as set forth in § 21-27-1;

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     (D) A food pantry, church or community organization that provides food or beverages

 

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without charge; and

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     (E) A boarding home, a retirement home, an independent living facility, an assisted living

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facility, or a nursing home.

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     (3) "Disposable food service container" means service ware designed for one-time use.

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This definition includes service ware for take-out foods and leftovers from partially consumed

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meals prepared by covered establishments. This definition does not include polystyrene foam

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coolers or ice chests that are used for the processing or shipping of food.

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     (4) "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a

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styrene monomer.

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     (5) "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or

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other item designed to be used to contain, transport, serve or consume prepared foods.

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     21-27.3-2. Prohibitions and exemptions.

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     (a) Prohibition. Beginning January 1, 2025, a covered establishment may not process,

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prepare, sell or provide food or beverages in or on a disposable food service container that is

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composed in whole or in part of polystyrene foam.

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     (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or

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function of the state may not provide beverage stirrers that are composed of plastic. For the

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purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids

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that are intended for internal human consumption and are contained in a single-serving container.

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     (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment

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may:

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     (1) In an emergency for the immediate preservation of the public health or safety, as

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determined applicable by the department of health, process, prepare, sell or provide food or

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beverages in or on a disposable food service container that is composed in whole or in part of

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polystyrene foam;

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     (2) Sell or provide food or beverages in or on a disposable food service container that is

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composed in whole or in part of polystyrene foam that a consumer brings to the covered

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establishment; and

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     (3) Sell at retail, food or beverages in or on a disposable food service container that is

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composed in whole or in part of polystyrene foam that the covered establishment purchases

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prepackaged at wholesale.

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     21-27.3-3. Violations of chapter -- Penalty.

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     Any person that violates any of the provisions of this chapter, or of the rules and regulations

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promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee,

 

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who directs or knowingly permits the violation or who aids or assists in the violation, shall upon

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conviction, be subject to a fine of not more than one hundred dollars ($100).

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     21-27.3-4. Enforcement.

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     The director of the department of health shall promulgate and adopt such rules and

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regulations as may be necessary to enforce the provisions of this chapter.

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     SECTION 2. This act shall take effect on January 1, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS

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     This act would prohibit a covered establishment from preparing, selling, processing or

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providing food or beverages in or on a disposable food service container that is composed in whole

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or in part of polystyrene foam.

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     This act would take effect on January 1, 2025.

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