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General Assembly Substitute Bill No. 118
February Session, 2022
AN ACT CONCERNING THE USE OF CERTAIN POLYSTYRENE
PRODUCTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) Not later than July 1, 2023, 1
each school district, regional school district, regional vocational 2
technical school and constituent unit of higher education shall develop 3
a plan for discontinuing the use in such district, school or constituent 4
unit, as applicable, of trays made from expanded polystyrene. Such plan 5
shall require the district, school or constituent unit, as applicable, to 6
discontinue such use not later than July 1, 2024, and to prepare for the 7
termination or amendment of any contract for the purchase of such trays 8
not later than July 1, 2023. Nothing in this section shall be construed to 9
require the development of such plan in any school district, regional 10
school district, regional vocational technical school or constituent unit 11
of higher education that discontinues the use of such trays in such 12
school district, school or constituent unit prior to July 1, 2023. For 13
purposes of this section, "expanded polystyrene" means blown 14
polystyrene and expanded and extruded foams that are thermoplastic 15
petrochemical materials utilizing a styrene monomer and processed by 16
any number of techniques, including, but not limited to, fusion of 17
polymer spheres, injection molding, foam molding and extrusion-blown 18
molding. 19 Substitute Bill No. 118
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Sec. 2. (NEW) (Effective July 1, 2024) (a) For purposes of this section: 20
(1) "Consumer" means any business invitee of a restaurant or caterer; 21
(2) "Expanded polystyrene" means blown polystyrene and expanded 22
and extruded foams that are thermoplastic petrochemical materials 23
utilizing a styrene monomer and processed by any number of 24
techniques, including, but not limited to, fusion of polymer spheres, 25
injection molding, foam molding and extrusion-blown molding; 26
(3) "Single-use container" means any container made of expanded 27
polystyrene intended for the containment of food or beverage provided 28
by a restaurant or caterer to a consumer and customarily disposed of by 29
the consumer after such use; 30
(4) "Restaurant" has the same meaning as provided in subsection (b) 31
of section 19a-342 of the general statutes; and 32
(5) "Caterer" has the same meaning as "catering food service 33
establishment", as provided in section 19a-36g of the general statutes. 34
(b) (1) No owner or operator of a restaurant or catering business shall 35
provide or distribute a single-use container to a consumer. 36
(2) Any owner or operator who violates the provisions of this section 37
for a first violation shall be issued a warning. Any owner or operator 38
who violates the provisions of this section shall be fined two hundred 39
dollars for a second violation, five hundred dollars for a third violation 40
and one thousand dollars for a fourth or any subsequent violation. No 41
such owner or operator may be issued more than one violation per day. 42
(c) The provisions of this section shall not be construed to prohibit the 43
provision or distribution of a single-use container that is: (1) Filled and 44
sealed prior to receipt by a restaurant or caterer and that is subsequently 45
sold to a consumer, or (2) utilized by a butcher or store to contain raw 46
meat, including, but not limited to, beef, poultry, seafood or pork that is 47
sold to a consumer. 48 Substitute Bill No. 118
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(d) Any local health department or health district or agent of the 49
Department of Public Health, Consumer Protection or Energy and 50
Environmental Protection may enforce the provisions of this section. In 51
the event of enforcement by a local health department or health district, 52
one-half of any fine imposed pursuant to this section shall be remitted 53
to the municipality where such violation occurred. 54
(e) Not later than February 1, 2025, the Commissioners of Public 55
Health, Consumer Protection and Energy and Environmental Protection 56
shall jointly submit a report, in accordance with the provisions of section 57
11-4a of the general statutes, to the joint standing committees of the 58
General Assembly having cognizance of matters relating to the 59
environment, public health and consumer protection on the 60
enforcement of the provisions of this section and the need to establish a 61
hardship waiver from the provisions of this section for any restaurant 62
or caterer with a demonstrated financial hardship directly caused by the 63
provisions of this section. 64
(f) Nothing in this section shall be construed to prohibit the 65
manufacture of single-use containers in this state or the sale of such 66
single-use containers by a person other than a restaurant or caterer. 67
(g) Nothing in this section shall be construed to preempt any 68
municipal ordinance that is more restrictive than the provisions of this 69
section concerning the provision or distribution of a single-use container 70
by an owner or operator of a restaurant or catering business to a 71
consumer. 72
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 July 1, 2024 New section
ENV Joint Favorable Subst.