Connecticut 2023 Regular Session

Connecticut House Bill HB06606 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Substitute Bill No. 6606
8	8		January Session, 2023
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14	14		AN ACT CONCERNING THE USE OF CERTAIN PRODUCTS MADE
15	15		FROM POLYSTYRENE.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (NEW) (Effective from passage) Not later than July 1, 2024, 1
20	20		each school district, regional school district, regional vocational 2
21	21		technical school and constituent unit of higher education shall develop 3
22	22		a plan for discontinuing the use in such district, school or constituent 4
23	23		unit, as applicable, of trays made from expanded polystyrene. Such plan 5
24	24		shall require the district, school or constituent unit, as applicable, to 6
25	25		discontinue such use not later than July 1, 2025, and to prepare for the 7
26	26		termination or amendment of any contract for the purchase of such trays 8
27	27		not later than July 1, 2024. Nothing in this section shall be construed to 9
28	28		require the development of such plan in any school district, regional 10
29	29		school district, regional vocational technical school or constituent unit 11
30	30		of higher education that discontinues the use of such trays in such 12
31	31		school district, school or constituent unit prior to July 1, 2024. For 13
32	32		purposes of this section, "expanded polystyrene" means blown 14
33	33		polystyrene and expanded and extruded foams that are thermoplastic 15
34	34		petrochemical materials utilizing a styrene monomer and processed by 16
35	35		any number of techniques, including, but not limited to, fusion of 17
36	36		polymer spheres, injection molding, foam molding and extrusion-blown 18
37	37		molding. 19 Substitute Bill No. 6606
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44	44		Sec. 2. (NEW) (Effective July 1, 2024) (a) For purposes of this section: 20
45	45		(1) "Consumer" means any business invitee of a restaurant or caterer; 21
46	46		(2) "Expanded polystyrene" means blown polystyrene and expanded 22
47	47		and extruded foams that are thermoplastic petrochemical materials 23
48	48		utilizing a styrene monomer and processed by any number of 24
49	49		techniques, including, but not limited to, fusion of polymer spheres, 25
50	50		injection molding, foam molding and extrusion-blown molding; 26
51	51		(3) "Single-use container" means any container made of expanded 27
52	52		polystyrene intended for the containment of a food or beverage 28
53	53		provided by a restaurant or caterer to a consumer and customarily 29
54	54		disposed of by the consumer after such use; 30
55	55		(4) "Restaurant" has the same meaning as provided in subsection (b) 31
56	56		of section 19a-342 of the general statutes; and 32
57	57		(5) "Caterer" has the same meaning as "catering food service 33
58	58		establishment", as provided in section 19a-36g of the general statutes. 34
59	59		(b) (1) No owner or operator of a restaurant or caterer shall provide 35
60	60		or distribute a single-use container to a consumer. 36
61	61		(2) Any owner or operator who violates the provisions of this section 37
62	62		for a first violation shall be issued a warning. Any owner or operator 38
63	63		who violates the provisions of this section shall be fined two hundred 39
64	64		dollars for a second violation, five hundred dollars for a third violation 40
65	65		and one thousand dollars for a fourth or any subsequent violation. No 41
66	66		such owner or operator may be issued more than one violation per day. 42
67	67		(c) The provisions of this section shall not be construed to prohibit the 43
68	68		provision or distribution of a single-use container that is: (1) Filled and 44
69	69		sealed prior to receipt by a restaurant or caterer and that is subsequently 45
70	70		sold to a consumer, or (2) utilized by a butcher or store to contain raw 46
71	71		meat, including, but not limited to, beef, poultry, seafood or pork that is 47
72	72		sold to a consumer. 48 Substitute Bill No. 6606
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79	79		(d) Any local health department or health district or agent of the 49
80	80		Departments of Public Health, Consumer Protection and Energy and 50
81	81		Environmental Protection may enforce the provisions of this section. In 51
82	82		the event of enforcement by a local health department or health district, 52
83	83		one-half of any fine imposed pursuant to this section shall be remitted 53
84	84		to the municipality where such violation occurred. 54
85	85		(e) Not later than February 1, 2025, the Commissioners of Public 55
86	86		Health, Consumer Protection and Energy and Environmental Protection 56
87	87		shall jointly submit a report, in accordance with the provisions of section 57
88	88		11-4a of the general statutes, to the joint standing committees of the 58
89	89		General Assembly having cognizance of matters relating to the 59
90	90		environment, public health and consumer protection on the 60
91	91		enforcement of the provisions of this section and the need to establish a 61
92	92		hardship waiver from the provisions of this section for any restaurant 62
93	93		or caterer with a demonstrated financial hardship directly caused by the 63
94	94		provisions of this section. 64
95	95		(f) Nothing in this section shall be construed to prohibit the 65
96	96		manufacture of single-use containers in this state or the sale of such 66
97	97		single-use containers by a person other than a restaurant or caterer. 67
98	98		(g) Nothing in this section shall be construed to preempt any 68
99	99		municipal ordinance that is more restrictive than the provisions of this 69
100	100		section concerning the provision or distribution of a single-use container 70
101	101		by an owner or operator of a restaurant or caterer to a consumer. 71
102	102		(h) The provisions of subsection (b) of this section shall not be 72
103	103		construed to apply to any patient care unit in a chronic disease hospital 73
104	104		or rehabilitation facility. 74
105	105		This act shall take effect as follows and shall amend the following
106	106		sections:
107	107
108	108		Section 1 from passage New section
109	109		Sec. 2 July 1, 2024 New section
110	110		Substitute Bill No. 6606
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	117	+	Statement of Legislative Commissioners:
	118	+	In Sections 2(b)(1) and 2(g), "catering business" was changed to "caterer"
	119	+	for consistency with the defined term.
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118	121		ENV Joint Favorable Subst.
119		-	ED Joint Favorable
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