BILL REQ. #: S-1298.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/11/11. Referred to Committee on Environment, Water & Energy.
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, 2012, 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, 2012, 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 1 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