HF 3338

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/14/2020 04:00pm

A bill for an act
relating to plastic straws; prohibiting providing plastic straws to customers unless
requested; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.048] PROVIDING PLASTIC STRAWS; PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
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new text begin (b) "Food and beverage service establishment" has the meaning given in section 157.15,
subdivision 5.
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new text begin (c) "Plastic straw" means a disposable tube made primarily of plastic derived from
petroleum or from a biologically-based polymer, including corn or other plant sources, that
is used to transfer a beverage from a container to the mouth of the person drinking the
beverage.
new text end

new text begin (d) "Single-use" means an object that is designed to be disposed of after a single use.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A food and beverage service establishment must not provide or
sell a single-use plastic straw to a person unless requested to do so by the person.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A food and beverage service
establishment will receive no penalty for its initial violation of subdivision 2, but is subject
to a civil penalty of $50 for each subsequent violation of subdivision 2 up to a maximum
of $500, and may be enjoined from those violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 2 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2020.
new text end