| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- DISPOSABLE FOOD SERVICE CONTAINERS |
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| 16 | 16 | | Introduced By: Senators Miller, Valverde, Kallman, Gu, DiMario, and Lauria |
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| 17 | 17 | | Date Introduced: January 18, 2023 |
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| 18 | 18 | | Referred To: Senate Environment & Agriculture |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby 1 |
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| 23 | 23 | | amended by adding thereto the following chapter: 2 |
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| 24 | 24 | | CHAPTER 27.3 3 |
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| 25 | 25 | | DISPOSABLE FOOD SERVICE CONTAINERS 4 |
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| 26 | 26 | | 21-27.3-1. Definitions. 5 |
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| 27 | 27 | | As used in this chapter: 6 |
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| 28 | 28 | | (1) "Consumer" means an individual who purchases or accepts food or beverages for use 7 |
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| 29 | 29 | | or consumption. 8 |
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| 30 | 30 | | (2) "Covered establishment" includes, but is not limited to: 9 |
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| 31 | 31 | | (i) A "food service establishment," which shall have the same meaning set forth in § 21-10 |
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| 32 | 32 | | 27-1. 11 |
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| 33 | 33 | | (ii) A food service establishment shall not include: 12 |
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| 34 | 34 | | (A) A hospital or a so-called meals on wheels establishment funded in whole or in part 13 |
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| 35 | 35 | | directly or indirectly by or through the executive office of health and human services to provide 14 |
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| 36 | 36 | | meals at dispersed locations from central kitchen facilities; 15 |
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| 37 | 37 | | (B) An "agricultural fair," which shall mean a fair held annually at a set location in a county 16 |
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| 38 | 38 | | to exhibit local agricultural products and livestock; 17 |
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| 39 | 39 | | (C) A "farmers' market," which shall have the same meaning as set forth in § 21-27-1; 18 |
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| 40 | 40 | | (D) A food pantry, church or community organization that provides food or beverages 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | without charge; and 1 |
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| 45 | 45 | | (E) A boarding home, a retirement home, an independent living facility, an assisted living 2 |
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| 46 | 46 | | facility, or a nursing home. 3 |
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| 47 | 47 | | (3) "Disposable food service container" means service ware designed for one-time use. 4 |
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| 48 | 48 | | This definition includes service ware for take-out foods and leftovers from partially consumed 5 |
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| 49 | 49 | | meals prepared by covered establishments. This definition does not include polystyrene foam 6 |
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| 50 | 50 | | coolers or ice chests that are used for the processing or shipping of food. 7 |
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| 51 | 51 | | (4) "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a 8 |
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| 52 | 52 | | styrene monomer. 9 |
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| 53 | 53 | | (5) "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or 10 |
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| 54 | 54 | | other item designed to be used to contain, transport, serve or consume prepared foods. 11 |
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| 55 | 55 | | 21-27.3-2. Prohibitions and exemptions. 12 |
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| 56 | 56 | | (a) Prohibition. Beginning January 1, 2025, a covered establishment may not process, 13 |
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| 57 | 57 | | prepare, sell or provide food or beverages in or on a disposable food service container that is 14 |
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| 58 | 58 | | composed in whole or in part of polystyrene foam. 15 |
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| 59 | 59 | | (b) Plastic beverage stirrers. A covered establishment providing beverages at a facility or 16 |
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| 60 | 60 | | function of the state may not provide beverage stirrers that are composed of plastic. For the 17 |
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| 61 | 61 | | purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids 18 |
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| 62 | 62 | | that are intended for internal human consumption and are contained in a single-serving container. 19 |
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| 63 | 63 | | (c) Exemptions. Notwithstanding subsection (a) of this section, a covered establishment 20 |
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| 64 | 64 | | may: 21 |
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| 65 | 65 | | (1) In an emergency for the immediate preservation of the public health or safety, as 22 |
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| 66 | 66 | | determined applicable by the department of health, process, prepare, sell or provide food or 23 |
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| 67 | 67 | | beverages in or on a disposable food service container that is composed in whole or in part of 24 |
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| 68 | 68 | | polystyrene foam; 25 |
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| 69 | 69 | | (2) Sell or provide food or beverages in or on a disposable food service container that is 26 |
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| 70 | 70 | | composed in whole or in part of polystyrene foam that a consumer brings to the covered 27 |
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| 71 | 71 | | establishment; and 28 |
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| 72 | 72 | | (3) Sell at retail, food or beverages in or on a disposable food service container that is 29 |
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| 73 | 73 | | composed in whole or in part of polystyrene foam that the covered establishment purchases 30 |
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| 74 | 74 | | prepackaged at wholesale. 31 |
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| 75 | 75 | | 21-27.3-3. Violations of chapter -- Penalty. 32 |
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| 76 | 76 | | Any person that violates any of the provisions of this chapter, or of the rules and regulations 33 |
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| 77 | 77 | | promulgated pursuant to this chapter, and any principal, proprietor, agent, servant, or employee, 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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