BILL REQ. #:  H-1383.1 

     AN ACT Relating to food service products; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Compostable" means made solely of organic substances that break down into a stable product due to the action of bacteria in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment meeting the compost quality standards found under WAC 173-350-220 for metals, physical parameters, pathogens, manufactured inert material, and other testing parameters set by the local health department.
     (2) "Disposable plastic food service ware" means nonrecyclable containers, plates, clamshell-style containers, serving trays, meat and vegetable trays, hot and cold beverage cups, and utensils that are made of plastic or plastic-coated paper and intended only for one-time use, including biodegradable products where any portion is not compostable.
     (3) "Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
     (4) "Expanded polystyrene food service products" means food containers, plates, clamshell-style containers, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products, made of expanded polystyrene and used for selling or providing food for consumption on or off the premises.
     (5) "Food service businesses" means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, and other businesses that sell or provide food for consumption on or off the premises.
     (6) "Recyclable" means made solely of materials that are capable of being separated from a waste stream by a food service business and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products.

NEW SECTION.  Sec. 2   (1) Effective January 1, 2010, food service businesses are prohibited from selling or providing food, for consumption on or off the premises, in expanded polystyrene food service products, except as otherwise provided under subsection (2) of this section.
     (2) Prepackaged soups and other foods that food service businesses sell or otherwise provide to their customers in expanded polystyrene containers that have been filled and sealed prior to receipt by a food service business are exempt from the prohibition established in subsection (1) of this section.
     (3) Effective July 1, 2010, food service businesses are prohibited from selling or providing food, for consumption on or off the premises, in or with disposable plastic food service ware. Acceptable alternatives for prohibited disposable plastic food service ware must be compostable or recyclable.

NEW SECTION.  Sec. 3   A violation of or failure to comply with this chapter is a class I civil infraction and subject to penalties under RCW 7.80.120.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW.