HB 1902

Abstract

Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020.

Expanded polystyrene food service containers;prohibition; civil penalty. Prohibits the dispensing by a foodvendor of prepared food to a customer in a single-use expanded polystyrenefood service container, as defined in the bill. The bill requirescertain chain restaurants to stop using such containers by July 1,2023, and sets the date for compliance by all food vendors as July1, 2025. The bill exempts nonprofit organizations from the definitionof "food vendor" and provides a process by which a locality may grantconsecutive one-year exemptions to individual food vendors on thebasis of undue economic hardship. The bill provides a civil penaltyof not more than $50 for each day of violation, to be collected ina civil action brought by the Attorney General or the relevant locality.The penalties collected are to be deposited in the Litter Controland Recycling Fund or to the treasury of the relevant locality, asappropriate. A portion of the penalties deposited in the Fund areto be used for public information campaigns to discourage the saleand use of expanded polystyrene products. Finally, the bill directsthe Department of Environmental Quality to post to its website informationon compliance and the filing of complaints. This bill is a reenactmentof Chapter 1104 of the Acts of Assembly of 2020.