H-3253              _______________________________________________

                                                   HOUSE BILL NO. 1241

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Allen, Rust, Unsoeld, Miller, Brough, Lux, Wang, Belcher, Leonard, Valle, Jacobsen, Hankins, Fuhrman, Bristow, Grimm and Brekke

Read first time 4/25/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to plastic packaging of food products; adding a new chapter to Title 69 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The legislature declares that: (1) The recycling of plastics is extremely difficult, if not prohibitively expensive; (2) plastics do not biodegrade as efficiently as paper and thus contribute to the current solid waste disposal crisis; (3) plastics create toxic emissions when incinerated; (4) retail food outlets have become overly dependent upon the use of plastic containers and packaging; and (5) the use of plastics should be discouraged whenever paper and other biodegradable products are a viable alternative.  It is therefore the intent of the legislature to address the current solid waste disposal crisis by prohibiting the use of plastic packages or containers for food products prepared at the retail level.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

          (1) "Food products" means items of food or drink prepared at the retail level for immediate consumption by humans.

          (2) "Packaged" and "packaging" means the wrapping of food products or the placement of food products in containers at the point of retail sale.

          (3) "Plastic" means all types of plastic wrappers and containers, including styrofoam containers.

          (4) "Retail" means the location at which or from which delivery is made to the consumer.

NEW SECTION. Sec. 3.     After January 1, 1989, food products prepared at the retail level shall not be packaged in plastic or placed in a plastic container at the point of retail sale.

NEW SECTION. Sec. 4.     Any person who violates any provision of this chapter is guilty of a misdemeanor.  Any person who wilfully violates any provision of this chapter is guilty of a gross misdemeanor.  In case of continuing violations, each day's continuance shall be a separate and distinct violation.

NEW SECTION. Sec. 5.     When a county prosecuting authority has reason to believe that any person is violating section 3 of this act, the prosecuting authority may commence an action in the superior court of the county in which the violation occurred.

NEW SECTION. Sec. 6.     This chapter shall be known and cited as the Washington Plastics Act.

NEW SECTION. Sec. 7.     Sections 2 through 6 of this act shall constitute a new chapter in Title 69 RCW.