BILL REQ. #:  H-3816.1 

Prefiled 12/03/07. Read first time 01/14/08.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to food service packaging; amending RCW 70.93.030; adding new sections to chapter 70.93 RCW; and prescribing penalties.

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

Sec. 1   RCW 70.93.030 and 2007 c 244 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Compostable packaging" means single-use food service packaging made from a material that meets the applicable compostability standards as adopted by ASTM international on the effective date of this section and either of the following criteria:
     (a) The single-use food service packaging is composed of a material that is accepted in a residential curbside composting collection program for at least sixty percent of the households in the state; or
     (b) The single-use food service packaging is composed of a material that is accepted in a residential curbside composting collection program for at least sixty percent of the households in the city or unincorporated county in which the take-out food provider distributes the single-use food service packaging.
     (2) "Conveyance" means a boat, airplane, or vehicle.
     (((2))) (3) "Department" means the department of ecology.
     (((3))) (4) "Director" means the director of the department of ecology.
     (((4))) (5) "Disposable package or container" means all packages or containers defined as such by rules adopted by the department of ecology.
     (((5))) (6) "Junk vehicle" has the same meaning as defined in RCW 46.55.010.
     (((6))) (7) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection (((11))) (12) of this section as "potentially dangerous litter."
     (((7))) (8) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
     (((8))) (9) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
     (((9))) (10) "Official gathering" means an event where authorization to hold the event is approved, recognized, or issued by a government, public body, or authority, including but not limited to fairs, musical concerts, athletic games, festivals, tournaments, or any other formal or ceremonial event, during which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (((10))) (11) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.
     (((11))) (12) "Potentially dangerous litter" means litter that is likely to injure a person or cause damage to a vehicle or other property. "Potentially dangerous litter" means:
     (a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
     (b) Glass;
     (c) A container or other product made predominantly or entirely of glass;
     (d) A hypodermic needle or other medical instrument designed to cut or pierce;
     (e) Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort; and
     (f) Nails or tacks.
     (((12))) (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
     (((13))) (14) "Recyclable packaging" means a single-use food service packaging that is composed of a material that satisfies either of the following criteria:
     (a) The single-use food service packaging is composed of a material that is accepted in a residential recycling curbside collection program for at least sixty percent of the households in the state; or
     (b) The single-use food service packaging is composed of a material that is accepted in a residential recycling curbside collection program for at least sixty percent of the households in the city or unincorporated county in which the take-out food provider distributes the single-use food service packaging.
     (15) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
     (((14))) (16) "Recycling center" means a central collection point for recyclable materials.
     (((15))) (17) "Single-use food service packaging" means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages, including but not limited to plates, bowls, cups, trays, and hinged or lidded containers. "Single-use food service packaging" does not include packaging for unprepared foods or single-use disposable components of otherwise reusable products such as straws, cup lids, or utensils.
     (18) "Sports facility" means an outdoor recreational sports facility, including but not limited to athletic fields and ballparks, at which beverages are sold by a vendor or vendors in single-use aluminum, glass, or plastic bottles or cans.
     (((16))) (19) "Take-out food provider" means any establishment that provides prepared food for public consumption on or off of its premises, including but not limited to fast food restaurants and any establishment that offers a drive-up window for providing prepared food to the public.
     (20) "To litter" means a single or cumulative act of disposing of litter.
     (((17))) (21) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
     (((18))) (22) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((19))) (23) "Watercraft" means any boat, ship, vessel, barge, or other floating craft.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.93 RCW to read as follows:
     (1) After July 1, 2010, a take-out food provider may not distribute single-use food service packaging to a consumer unless the single-use food service packaging is either compostable packaging or recyclable packaging.
     (2) After July 1, 2012, a take-out food provider may not distribute single-use food service packaging to a consumer unless the take-out food provider satisfies one of the following criteria:
     (a) Single-use food service packaging from the take-out provider is recovered for composting at a rate of twenty-five percent or more either statewide or in the city or unincorporated county in which the take-out provider is located; or
     (b) Single-use food service packaging from the take-out provider is recovered for recycling at a rate of twenty-five percent or more either statewide or in the city or unincorporated county in which the take-out provider is located.
     (3) Each calendar day of operation in violation of this section comprises a new violation.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.93 RCW to read as follows:
     (1) After July 1, 2010, any take-out provider with a seating capacity of greater than twenty persons shall provide appropriate receptacles on the take-out provider's premises for the collection of any compostable packaging or recyclable packaging distributed with food to customers.
     (2) Each calendar day of operation in violation of this section comprises a new violation.