2023 -- H 5672

========

LC002037

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO FOOD AND DRUGS -- SINGLE-USE PLASTIC STRAWS

     Introduced By: Representatives McGaw, Bennett, Boylan, Kislak, Tanzi, Carson, Voas,
Speakman, Donovan, and Messier

     Date Introduced: February 17, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 21-27.2 of the General Laws entitled "Single-Use Plastic

Straws" is hereby amended to read as follows:

CHAPTER 21-27.2

Single-Use Plastic Straws

CHAPTER 21-27.2

SINGLE-USE PLASTIC STRAWS, FOODWARE ACCESSORIES, AND CONDIMENTS

     SECTION 2. Sections 21-27.2-1 and 21-27.2-2 of the General Laws in Chapter 21-27.2

entitled "Single-Use Plastic Straws" are hereby amended to read as follows:

     21-27.2-1. Definitions.

     As used in this chapter:

     (1) “Food service establishment” shall have the meaning set forth in § 21-27-1.

     (2) "Single-use foodware accessory" means all of the following single-use items provided

alongside ready-to-eat food: utensils, which are defined as forks, knives, spoons, and sporks,

chopsticks, condiment cups and packets, straws, stirrers, splash sticks, cocktail sticks.

     (2)(3) “Single-use plastic straw” means a single-use, disposable tube made predominantly

of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant

sources, used to transfer a beverage from a container to the mouth of the person drinking the

beverage. “Single-use plastic straw” does not include a straw made from non-plastic materials,

including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.

     (4) "Standard condiment" means relishes, spices, sauces, confections, or seasoning that

require no additional preparation and that are usually used on a food item after preparation,

including, but not limited to, ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt,

pepper, sugar, and sugar substitutes.

     21-27.2-2. Prohibited practices exception.

     (a) A food service establishment shall not provide a single-use plastic straw or single-use

foodware accessory to a consumer unless requested by the consumer.

     (b) Upon request by a consumer, only the single-use foodware accessories required to

consume the ready-to-eat food shall be provided to the consumer.

     (c) A food service establishment shall not bundle single-use foodware accessories.

     (d) A third-party delivery platform shall provide customers with the option of requesting

single-use accessories or standard condiments, and only the single-use accessories or standard

condiments that are requested by the consumer shall be delivered.

     (e) Unwrapped single-use foodware accessories and standard condiments that are self-

serve, and/or bulk dispensed standard condiments may be provided by food service establishments.

     (f) The following entities are exempt from the provisions of this section: correctional

facilities, licensed healthcare facilities, and residential care facilities.

     SECTION 5. This act shall take effect on January 1, 2024.

========

LC002037

========

LC002037 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- SINGLE-USE PLASTIC STRAWS

***

     This act would mandate that food service establishments would only provide single-use

foodware accessories and standard condiments to a customer upon request.

     This act would take effect on January 1, 2024.

========

LC002037

========

LC002037 - Page 3 of 3