SB 2361: Department of Health; Solid Waste Pollution; Single-Use Plastic Service Ware; Ban

A BILL FOR AN ACT

RELATING TO SINGLE-USE PLASTICS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that single-use plastic utensils and other service ware pose significant environmental and health concerns.  Single-use plastic utensils are often contaminated with food waste, which complicates recycling efforts and increases the risk of spreading bacterial contamination.  The legislature further finds that current recycling infrastructure is unable to process single-use plastic service ware effectively, leading to increased landfill waste and environmental pollution.

     The legislature notes that several jurisdictions, including California, Washington, and New York City, have enacted distribution restrictions on single-use plastic service ware.  Data from these areas show a reduction in plastic pollution and increased adoption of safer, reusable, or compostable alternatives.

     Accordingly, this Act aims to protect public health, improve recycling system effectiveness, and reduce environmental harm by prohibiting the distribution of single-use plastic service ware in Hawaii.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to read as follows:

     "§342H-     Single-use plastic service ware; prohibited.  (a)  After January 1, 2027, no business where food or beverages are packaged and sold on the premises for individual consumption shall sell or distribute single-use plastic service ware.

     (b)  Any business that violates this section shall be:

     (1)  Ordered to discontinue the sale or distribution of service ware prohibited by this section; and

     (2)  If continuing the sale or distribution despite the order, subject to a civil fine of not less than $100 and not more than $1,000 for each day of violation.

The director may initiate a civil action in any court of competent jurisdiction for injunctive or other relief to correct or abate violations of this section, collect administrative penalties, or obtain other relief.

     (c)  As used in this section:

     "Business" means any commercial enterprise or establishment operating in the State, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit, and includes any employee of the business or any independent contractor of the business.

     "Plastic":

     (1)  Means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid or flexible forms;

     (2)  Includes, without limitation, polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low density polyethylene, polypropylene, polystyrene, polylactic acid, and aliphatic biopolyesters, such as polyhydroxyalkanoate and polyhydroxybutyrate; and

     (3)  Does not include natural rubber, aluminum, glass, paper, or polymers synthesized or derived primarily from bamboo, sugarcane, coconut husk, cassava, protein, starch, or other biomass.

     "Service ware" means implements intended to assist in the consumption of food, including spoons, forks, knives, and stirrers.  "Service ware" does not include straws.

     "Single-use" means designed to be used once and discarded and not designed for repeated use after sanitation."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Department of Health; Solid Waste Pollution; Single-Use Plastic Service Ware; Ban

Description:

Prohibits the sale and distribution of single-use plastic service ware by food and beverage service businesses.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.