SB 5077 — Prohibiting single-use plastic straws.

S-1467.4SUBSTITUTES-0477.1SENATE SENATE BILL 5077State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Environment,Kuderer, EnergyDarneille, &Palumbo, TechnologyHunt, (originallyand sponsoredPedersenPrefiled by01/04/19.Read Senatorsfirst Kuderer,time Darneille,01/14/19.Referred Palumbo,to Hunt,Committee andon Pedersen)READEnvironment, FIRSTEnergy TIME& 02/15/19.ANTechnology.AN ACT Relating to restrictingprohibiting single-use plastic strawsstraws; at food service establishments;

and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.SECTION.  Sec.

The(1) definitionsBeginning inJuly this1, section2020, apply throughout this chapter unless the contextsale clearly requires otherwise.(1) "Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and doesdistribution not offer the food for resale.(2) "Food service establishment" means establishments that serve food, beverages, or prepared food for consumption including establishments:(a) With the primary business purpose of servingplastic food to be consumed on the premises or providing prepared meals or other food or beverage itemsstraws thatis aprohibited. consumer purchases and intends to eat elsewhere;

or(b)No Thatperson servemay food,sell beverages,or distribute plastic beverage straws within the state of Washington.(2) For the purposes of this chapter, "plastic beverage straw" means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, and prepackagedincluding foodcompostable and beverages:biodegradable petroleum or biologically based polymer straws, for transferring a beverage from its container to the mouth of the drinker.NEW SECTION.  Sec.

(i) Via a drive through;

(ii) in a packaged form for take out or take away;

or (iii) from stands or kiosks that provide no shelter or seating for consumers.(3) "Local health jurisdiction" or "jurisdictional health department" means an administrative agency organized under chapter 70.05 RCW, a health district organized under chapter 70.46 RCW, or a combined city-county health department organized under chapter 70.08 RCW, that administers public health and safety regulations and codes, including food safety and restaurant inspections.(4) "Plastic beverage straw" means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, and including compostable and biodegradable petroleum or biologically based polymer straws, for transferring a beverage from its container to the mouth of the drinker.NEW SECTION.  Sec.

(1)The Beginningdepartment Januaryof 1,health 2020,and a food service establishment may not provide a single-use plastic straw to a consumer unless requested by the consumer.(2)department Inof recognitionsocial thatand ahealth strawservices ismust anconsult adaptivewith utensilcommunity thathealth maygroups, provideadvocates basic accommodation for persons with disabilitiesdisabilities, to eat and drink,other astakeholders foodto servicedetermine establishmenthow mustto provideaddress ahealth single-usecare plasticfacilities strawand uponindividuals requestwith todisabilities personsneed withfor disabilities.NEWplastic SECTION.  Sec.straws.

By December 31, 2019, the department of health and the department of social and health services must provide recommendations to the appropriate committees of the legislature to support the prohibition of plastic straws and to assist in the transition to accommodate health care needs and individuals with disabilities and to ensure any unintended consequences are addressed.NEW SECTION.  Sec.

(1) The local health jurisdiction ororganized under chapter 70.05 RCW, a jurisdictional health department, a combined city and county health department organized under chapter 70.08 RCW, or a health district organized under chapter 70.46 RCW, must enforce this chapter.(a) The local health jurisdiction ororganized under chapter 70.05 RCW, a jurisdictional health department, a combined city and county health department organized under chapter 70.08 RCW, or a health district organized under chapter 70.46 RCW, must provide notice of violation to any person for the first and second violation of section 21 of this act.(b) For the third and subsequent violations of section 21 of this act, a person is subject to a civil penalty of twenty-five dollars for each day not to exceed three hundred dollars per year.(2) Penalties collected under this section may be retained by the local health jurisdiction or jurisdictional health department for enforcement activities.NEW SECTION.  Sec.SECTION.  Sec.

BySections January1 1,through 2020,3 city, county, or municipal corporation ordinances restricting the use of plasticthis strawsact mustconstitute ata leastnew meetchapter thein requirementsTitle imposed70 underRCW.--- sectionEND 2--- of this act.NEW SECTION.  Sec.

5.

Sections 1 through 4 of this act constitute a new chapter in Title 70 RCW.--- END ---