HB 2656 — Reducing waste associated with single-use food service products.

H-4565.3SUBSTITUTEH-3677.2HOUSE HOUSE BILL 2656State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Environment & Energy (originally sponsored by Representatives Gregerson, Dye, Doglio, Peterson, Mead, Fitzgibbon, Thai, Senn, Goodman, Ramos, Pollet, and Macri)READMacriRead FIRSTfirst TIMEtime 02/07/20.AN01/16/20.Referred to Committee on Environment & Energy.AN ACT Relating to reducing waste associated with single-use food service products;

"Condiment packaging" includes, but is not limited to, single-serving plastic packaging for ketchup, mustard, relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly and jam, and soy sauce.(3) "Department" means the department of ecology.(4) "Food service businesses" means businesses selling or providing food for consumption on or off the premises, including full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks, booths, or carts, home delivery services, and business or institutional cafeterias.(5)(a)cafeterias.(5) "Food service product" means a product on or in which foods or beverages are placed or packaged or are intended to be placed or packaged that are designed for one-time use.

"Food service product" includes, but is not limited to, containers, plates, bowls, cups, beverage containers, bottles, lids, meat trays, deli rounds, utensils, sachets, straws, tea bags, condiment packaging, clamshells and other hinged or lidded containers, sandwich wrap, and portion cups.(b)cups.(6) "Food service product" does not include packaging of any type that serves to protect or preserve food in transit from a food processor or wholesaler to a retail establishment.(c) "Food service product" does not include packaging of any type that serves to protect or preserve food solely while refrigerated at a retail establishment prior to sale or provision to a customer.(6) "Noncompostable" means not meeting the definition of compostable.(7) "Plastic food service product" means a food service product that is composed of:(a) Plastic;

or(b) Fiber or paper with a plastic coating, window, component, or additive.(8) "Polystyrene foam food service product" means a food service product that is made of blown polystyrene or expanded or extruded foam that is a thermoplastic petrochemical material using a styrene monomer and processed by any technique.(9)(a)technique.(9) "Prepackaged food" means food service products that have been filled and sealed with food by a separate food service business or food manufacturer prior to receipt by the point of sale retail establishment.(b) "Prepackaged food" includes a utensil, straw, or other item physically attached for purposes of retail sale to a food service productbusiness.(10)(a) that has been filled and sealed with food prior to receipt by the point of sale retail establishment.(10)(a) "Producer" means a person who manufactures a single-use plastic food service product under that person's own name or brand or who sells or offers for sale the single-use food service product.(b) If there is no person who is the producer of the single-use plastic food service product for purposes of (a) of this subsection, the producer is the person who imports the single-use plastic food service product as the owner or licensee of a trademark or brand under which the single-use plastic food service product is sold or distributed in the state.(c) If there is no person who is the producer for purposes of (a) or (b) of this subsection, the producer is the person that offers for sale, sells, or distributes the single-use plastic food service product in the state.(11) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer, including to a food service business.

"Retail establishment" includes, but is not limited to, food service businesses, grocery stores, department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.(12)festivals.(12)(a) "Tippy cup lid" means a standard size lid designed to be affixed to the top of a beverage cup to reduce the risk of spills that allows a person to drink the beverage from the cup without requiring the use of a straw.(13)(a) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.(b) "Utensil" does not include plates, bowls, cups, bottles, and other products used to contain food or beverages.NEW SECTION.  Sec.

and(c) Condiment packaging.(2) A food service business at which no opportunity is provided for the on-site consumption of food or beverages or that is serving a customer via a drive-through may provide types of single-use food service products identified in subsection (1) of this section only after asking if the customer would like to obtain the single-use food service products, and the customer responds affirmatively.(3)(a) A food service business may make utensils available to customers using cylinders, bins, dispensers, containers, or other means of allowing for individual single-use utensils, to be obtained at the affirmative volition of the customer.(b) Single-use utensils provided by a food service business for use by customers may not be bundled or packaged in plastic in such a way that a customer is unable to take only the type of utensil or utensils desired without also taking a different type or types of utensil.(4) Nothing in this section restricts the ability of a food service business to make condiments available to customers using bulk condiment dispensers, containers, or other means of allowing condiments that are not packaged in individual serving portions to be obtained at the affirmative volition of the customer.(5)customer.NEW Nothing in this section restricts the ability of a food service business to offer a tippy cup lid in lieu of a straw to a customer that requests a straw.NEW SECTION.  Sec.

(1)(a) Beginning OctoberJanuary 1, 2021, andretail eachestablishments Octobermay 1stnot throughsell 2029,or the department must determine which counties and any cities preparing independent solid waste management plans are serviced by solid waste facilities that provide forpolystyrene thefoam composting of compostable food service products.(b)products The department must determine and designate that the restrictions of this section apply to retail establishments in a jurisdictioncustomer unless a county or a city preparing an independent solid waste management plan provides written notification to the department indicating that the county or city is not serviced by a solid waste facility that provides for theuse compostingon of compostable food service products.(c) The restrictions of this section take effect in a county or cityoff Januarypremises.NEW 1stSECTION.  Sec. of the year following the determination by the department required under this section.

The department must make the result of the annual determinations required under this section available on its web site.(2)(a) Beginning January 1, 2022, except as provided under (b) of this subsection and section 6 of this act, retail establishments located in a jurisdiction that is serviced by solid waste facilities that provide for the composting of compostable food service products, as determined and designated under subsection (1) of this section, may not sell or provide food for consumption on or off the premises in or with plastic food service products.(b)(i) Beginning July 1, 2022, retail establishments located in a jurisdiction determined and designated under subsection (1) of this section may not sell or provide food for consumption on or off the premises in or with plastic catering trays and produce bags.(ii) Beginning on a date determined by the department pursuant to section 5 of this act, retail establishments located in a jurisdiction determined and designated under subsection (1) of this section may not sell or provide:(A) Clear plastic food wrap and shrink wrap;(B) Plastic containers for uniquely shaped foods such as deviled eggs and cupcakes;(C) Flexible plastic packaging used to preserve moisture and freshness, such as for cookies;

and(D) Hot meat item plastic containers, such as those for ribs and rotisserie chicken.

Notwithstanding the foregoing, the department may not enact a rule that would have a detrimental impact on safe food handling of hot meat items such as by restricting hot meat item plastic containers prior to a commercially viable and equally safe alternative being widely commercially available.(c) For all categories of plastic food service products not described in (b) of this subsection, the restrictions of this subsection take effect January 1, 2022, as provided in this subsection.(3)(a) Retail establishments may sell or provide food in compostable food service products.(b) A retail establishment may sell or provide:(i) Durable, reusable food service products;(ii) Recyclable fiber-based, glass, or metal food service products;(iii) Recyclable plastic bottles and other beverage containers made from high density polyethylene (HDPE) or polyethylene terephthalate (PET);(iv) Prepackaged foods in plastic packaging;

and(v) Compostable food service products that the department has verified as free of per and poly fluoroalkyl substances under chapter 70.95G RCW.(4) Upon the effective date of restrictions on single-use plastic straws under this section in a jurisdiction, and in recognition that a straw is an adaptive utensil that may provide a basic accommodation for an individual with a disability to eat and drink, a retail establishment that provides straws of any type to customers is authorized to and may provide a single-use plastic straw to an individual with a need for a plastic straw upon request by the individual for a plastic straw.(5) This section expires January 1, 2030.NEW SECTION.  Sec.

(1)(1)(a) TheBeginning October 1, 2021, and each October 1st through 2029, the department must reviewdetermine which counties and any cities preparing independent solid waste management plans are serviced by solid waste facilities that provide for the availabilitycomposting of compostable alternativesfood service products.(b) The department must determine and designate that the restrictions of this section apply to retail establishments in a jurisdiction unless a county or a city preparing an independent solid waste management plan provides written notification to the categoriesdepartment indicating that the county or city is not serviced by a solid waste facility that provides for the composting of compostable food service productsproducts.(c) specifiedThe inrestrictions of this section 4(3)(b)take effect in a county or city January 1st of thisthe actyear following the determination by Julythe 1,department 2022.required under this section.

UponThe review,department ifmust make the departmentresult determinesof thatthe atannual leastdeterminations tworequired suitableunder andthis readilysection available alternativeson existits web site.(2)(a) Beginning January 1, 2022, except as provided under (b) of this subsection and atsection least7 twoof vendorsthis makeact, retail establishments located in a suitablejurisdiction alternativethat is serviced by solid waste facilities that provide for athe categorycomposting of compostable food service productproducts, commerciallyas available,determined and designated under subsection (1) of this section, may not sell or provide food for consumption on or off the departmentpremises mustin establishor with plastic food service products.(b)(i) Beginning July 1, 2022, retail establishments located in a delayedjurisdiction effectivedetermined and designated under subsection (1) of this section may not sell or provide food for consumption on or off the premises in or with plastic catering trays and produce bags.(ii) Beginning on a date determined by the department pursuant to section 6 of fourthis hundredact, eighty-fiveretail daysestablishments afterlocated suchin a determinationjurisdiction fordetermined eachand categorydesignated under subsection (1) of this section may not sell or provide:(A) Clear plastic food servicewrap product.and shrink wrap;(B) Plastic containers for uniquely shaped foods such as deviled eggs and cupcakes;(C) Flexible plastic packaging used to preserve moisture and freshness, such as for cookies;

Ifand(D) theHot departmentmeat doesitem plastic containers, such as those for ribs and rotisserie chicken.(c) For all categories of plastic food service products not makedescribed ain determination(b) toof establishthis asubsection, delayedthe effectiverestrictions dateof bythis Julysubsection take effect January 1, 2022, foras oneprovided in this subsection.(3)(a) Retail establishments may sell or moreprovide categoriesfood ofin compostable food service products,products.(b) byA eachretail Julyestablishment 1stmay thereaftersell theor departmentprovide:(i) mustDurable, annuallyreusable reviewfood andservice makeproducts;(ii) aRecyclable determinationfiber-based, whetherglass, toor establishmetal afood deadlineservice extensionproducts;(iii) dateRecyclable forplastic eachbottles categoryand ofother foodbeverage servicecontainers productsmade forfrom whichhigh nodensity deadlinepolyethylene has(HDPE) yetor beenpolyethylene established.terephthalate (PET);(iv) Prepackaged foods in plastic packaging;

Inand(v) makingCompostable afood determinationservice underproducts thisthat subsection, the department musthas giveverified considerationas tofree informationof providedper byand retailpoly establishments.(2)fluoroalkyl substances under chapter 70.95G RCW.(4) This section expires JanuaryJune 1,30, 2030.NEW SECTION.  Sec.

(1) UponThe application,department themust departmentreview maythe grantavailability aof waivercompostable fromalternatives to the requirementscategories of sectionsfood 4service andproducts 7specified in section 5(3)(b) of this act forby specificJuly categories1, of2022. food service products.

Upon review, if the department determines that at least two suitable and readily available alternatives exist and at least two vendors make a suitable alternative for a category of food service product commercially available, the department must establish a delayed effective date of three hundred sixty-five days after such a determination for each category of food service product.

If the department does not make a determination to establish a delayed effective date by July 1, 2022, for one or more categories of food service products, by each July 1st thereafter the department must annually review and make a determination whether to establish a deadline extension date for each category of food service products for which no deadline has yet been established.

In making a determination under this subsection, the department must give consideration to information provided by retail establishments.(2) This section expires June 30, 2030.NEW SECTION.  Sec.

7.

(1) Upon application, the department may grant a waiver from the requirements of sections 5 and 8 of this act for specific categories of food service products.

7.

(1) Beginning January 1, 2030, retail establishments may not sell or provide food for consumption on or off the premises in or with a plastic food service product.(2) Retail establishments may sell or provide:(a) Food in compostable food service products;(b) Durable, reusable food service products;(c) Recyclable fiber-based, glass, or metal food service products;(d) Recyclable plastic bottles and other beverage containers made from high density polyethylene (HDPE) or polyethylene terephthalate (PET);(e) Prepackaged foods in plastic packaging;

and(f) Compostable food service products that the department has verified as free of per and poly fluoroalkyl substances under chapter 70.95G RCW.(3) The department may grant a waiver from the requirements of subsection (1) of this section consistent with section 6 of this act.(4) In recognition that a straw is an adaptive utensil that may provide a basic accommodation for an individual with a disability to eat and drink, a retail establishment that provides straws of any type to customers is authorized to and may provide a single-use plastic straw to an individual with a need for a plastic straw upon request by the individual for a plastic straw.NEW SECTION.  Sec.

(1) Beginning January 1, 2030, retail establishments may not sell or provide food for consumption on or off the premises in or with a plastic food service product.(2) Retail establishments may sell or provide:(a) Food in compostable food service products;(b) Durable, reusable food service products;(c) Recyclable fiber-based, glass, or metal food service products;(d) Recyclable plastic bottles and other beverage containers made from high density polyethylene (HDPE) or polyethylene terephthalate (PET);(e) Prepackaged foods in plastic packaging;

and(f) Compostable food service products that the department has verified as free of per and poly fluoroalkyl substances under chapter 70.95G RCW.(3) The department may grant a waiver from the requirements of subsection (1) of this section consistent with section 7 of this act.NEW SECTION.  Sec.

9.

and(b) Up to one cent per item for items that are recyclable.recyclable or compostable.

The department must determine the amount of the fee for compostable or recyclable items based on the average net cost of recycling or composting each material type and formform, and the amount of the material type used in plastic food service products sold in Washington.(2) Each producerretail establishment must remit the fee assessed under this section to the department of revenue for deposit into the plastic waste reduction account created in section 1112 of this act.(3)act. Beginning January 1, 2030, the department must annually adjust the fees in subsection (1) of this section for inflation based on the consumer price index for all urban consumers applicable to the area encompassing the city of Seattle, as calculated by the United States bureau of labor statistics.(4) The department may adopt rules to implement the fees required in this section.(5) The fee in this section may not be imposed upon a product that is subject to a statewide plastic packaging product stewardship program that requires manufacturers of the product to provide for funding a program that requires, at minimum, the collection, transport, and end-of-life management costs of the product, including any such programs enacted consistent with recommendations to the legislature required under chapter 70.380 RCW.NEW SECTION.  Sec.

9.The department must coordinate with the department of revenue to arrange for the collection of the fee in conjunction with taxes paid by retail establishments.(3) Beginning January 1, 2030, the department must annually adjust the fees in subsection (1) of this section for inflation based on the consumer price index for all urban consumers applicable to the area encompassing the city of Seattle, as calculated by the United States bureau of labor statistics.(4) The department may adopt rules to implement the fees required in this section.(5) The fee in this section may not be imposed upon a product that is subject to a statewide plastic packaging product stewardship program that requires manufacturers of the product to provide for funding a program that requires, at minimum, the collection, transport, and end-of-life management costs of the product, including any such programs enacted consistent with recommendations to the legislature required under chapter 70.380 RCW.NEW SECTION.  Sec.

10.

Penalties must be deposited in the plastic waste reduction account created in section 1112 of this act.(2)(a) The department must provide education and carry out outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter.

The department must prioritize outreach, including technical assistance with waiver applications under section 67 of this act, to small businesses and women and minority-owned businesses.(b) In carrying out its responsibilities under this chapter, the department must emphasize education and outreach rather than enforcement to achieve compliance with the requirements of this chapter.(3) The department may adopt rules for the purpose of implementing, administering, and enforcing this chapter.NEW SECTION.  Sec.

10.

(1) Beginning July 1, 2020, a city, town, county, or municipal corporation may not enact an ordinance to reduce pollution from single-use plastic food service products by requiring a request of plastic food service products by the customer of the food service business or other retail establishment.(2) Any local plastic food service products ordinance of the type described in subsection (1) of this section that is in effect as of July 1, 2020, is not preempted or repealed.NEW SECTION.  Sec.

(1) Beginning July 1, 2020, a city, town, county, or municipal corporation may not enact an ordinance to reduce pollution from single-use plastic food service products by requiring a request of plastic food service products by the customer of the food service business or other retail establishment.(2) Any local plastic food service products ordinance of the type described in subsection (1) of this section that is in effect as of July 1, 2020, is not preempted or repealed.NEW SECTION.  Sec.

12.

Expenditures from the account may be used only for administering, implementing, and enforcing the requirements of this chapter and for the state and local programs authorized for expenditures in RCW 70.105D.190(2) (b) and (e), including for the development of local solid waste management plans components required by RCW 70.95.080(3) and for the development of plans and infrastructure to support the statewide provision of composting infrastructure by a target date of 2027.NEW2030.NEW SECTION.  Sec.

12.

Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.NEW SECTION.  Sec.