Bill Text: NY A00090 | 2019-2020 | General Assembly | Amended


Bill Title: Requires that restaurants only provide single-use plastic straws to customers when explicitly requested by the customer; prohibits single-use plastic stirrers.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Introduced - Dead) 2020-03-06 - print number 90a [A00090 Detail]

Download: New_York-2019-A00090-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          90--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  M. of A. L. ROSENTHAL, LUPARDO, SIMOTAS, JAFFEE, TAYLOR,
          MOSLEY, COLTON, GLICK, NIOU,  GOTTFRIED,  BARRON,  RIVERA,  SEAWRIGHT,
          SIMON,  ORTIZ,  BLAKE, D'URSO, GALEF, BARRETT, BRONSON, STECK, WEPRIN,
          FAHY, RAMOS, REYES, EPSTEIN, PAULIN -- Multi-Sponsored by -- M. of  A.
          LIFTON,  THIELE -- read once and referred to the Committee on Environ-
          mental Conservation --  recommitted  to  the  Committee  on  Codes  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the environmental conservation law and the general busi-
          ness law, in relation to prohibitions on single-use plastic straws and
          stirrers in restaurants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 30 to read as follows:

     3                                  TITLE 30
     4                   PLASTIC STRAW AND STIRRER RESTRICTIONS
     5  Section 27-3001. Definitions.
     6          27-3003. Single-use plastic straws and stirrers.
     7          27-3005. Enforcement.
     8  § 27-3001. Definitions.
     9    For the purposes of this title, "restaurant" means any diner or  other
    10  eating or beverage establishment, which offers for sale food or beverag-
    11  es  to  the  public,  guests,  members,  or patrons, whether consumption
    12  occurs on or off the premises.
    13  § 27-3003. Single-use plastic straws and stirrers.
    14    1. (a) Restaurants shall only provide  single-use  plastic  straws  to
    15  customers when explicitly requested by the customer.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01864-14-0

        A. 90--A                            2

     1    (b) No inquiry into the reason for the request shall be made by a food
     2  service  establishment  or  any  of  its  employees  in carrying out the
     3  request authorized by paragraph (a) of this subdivision.
     4    2. Restaurants are prohibited from providing customers with single-use
     5  plastic stirrers.
     6    3.  (a)  Nothing  in  this  section  shall  preclude a restaurant from
     7  providing customers with non-plastic straws or stirrers as  an  alterna-
     8  tive  to  single-use  plastic  straws  and  stirrers, including, but not
     9  limited to, straws and/or stirrers made from paper, sugar  cane,  bamboo
    10  or compostable materials.
    11    (b) Restaurants that provide compostable straws or stirrers to custom-
    12  ers are required to have access to curbside collection of food waste for
    13  composting.
    14    4. Single-use plastic straws provided by a food service establishment,
    15  pursuant  to  subdivision one of this section, shall not be individually
    16  wrapped in plastic, except for prepackaged individual serving  beverages
    17  where a plastic straw is included in the packaging.
    18  § 27-3005. Enforcement.
    19    Every  local  department  of  health shall ensure compliance with this
    20  title as part of an inspection of a food place pursuant to section thir-
    21  teen hundred fifty-one of the public health law, the provisions  of  the
    22  sanitary  code  and  provisions of local ordinances or regulations.  Any
    23  establishment that violates this title  shall  be  liable  for  a  civil
    24  penalty  in  the  amount of two hundred dollars for the first violation,
    25  three hundred dollars for the second violation committed on a  different
    26  day  within  a period of twelve months, and five hundred dollars for the
    27  third and each subsequent violation committed on different days within a
    28  period of twelve months, except that  the  local  department  of  health
    29  shall  not  issue  a  notice of violation, but shall issue a warning and
    30  provide information on compliance with such section, for  any  violation
    31  that occurs within one year of the effective date of this section.
    32    §  2. The general business law is amended by adding a new section 399-
    33  tt to read as follows:
    34    § 399-tt. Single-use plastic straws. Restaurants  shall  only  provide
    35  single-use plastic straws to customers where explicitly requested by the
    36  customer  pursuant  to title thirty of article twenty-seven of the envi-
    37  ronmental conservation law.
    38    § 3. This act shall take effect on the one hundred twentieth day after
    39  it shall have become a law.
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