S-4043               _______________________________________________

                                                   SENATE BILL NO. 6507

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Metcalf, Rinehart, Kreidler, Fleming, Talmadge, Lee and Bailey

Read first time 1/22/88 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to disposable polystyrene food packaging; amending RCW 70.132.020; adding a new section to chapter 70.132 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that: (1) Disposable packaging is a major contributor to the state's waste stream and is depleting scarce landfill space; (2) polystyrene foam is neither biodegradable nor photodegradable and is, therefore, a long-term disposal and litter problem; (3) post-consumer plastics are not collected and recycled in this state; (4) polystyrene foam packaging is a source of chloroflourocarbons which, when discharged into the atmosphere, degrade the earth's protective layer of ozone and allow increased amounts of ultraviolet radiation to penetrate the atmosphere, thereby endangering human health and the environment; (5) polystyrene foam packaging, when improperly disposed on land or water, disintegrates into pellets which are ingested by wildlife who mistake them for food, causing death by starvation; (6) plastics create air pollution when incinerated; and (7) there are biodegradable and recyclable alternatives to polystyrene foam packaging.

        Sec. 2.  Section 2, chapter 113, Laws of 1982 as amended by section 1, chapter 257, Laws of 1983 and RCW 70.132.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

          (1) "Beverage" means beer or other malt beverage or mineral water, soda water, or other drink in liquid form and intended for human consumption.  The term does not include milk-based, soy-based, or similar products requiring heat and pressure in the canning process.

          (2) "Beverage container" means a separate and sealed can containing a beverage.

          (3) "Department" means the department of ecology created under chapter 43.21A RCW.

(4) "Disposable food packaging" means all packaging designed to be used only once to protect, store, or contain food or beverages and includes, but is not limited to, bags, wrapping, bowls, plates, boxes, trays, cups, and lids.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.132 RCW to read as follows:

          One year after the effective date of this act, no person may distribute, offer for sale, or sell disposable food packaging made of polystyrene foam.