as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:27pm
A bill for an act
relating to commerce; prohibiting use of disposable polystyrene food service
containers; prohibiting provision of plastic beverage stirrers at state and local
government facilities and functions; proposing coding for new law in Minnesota
Statutes, chapter 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The following definitions apply in sections 325E.0301 and
325E.0302:
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(1) "covered establishment" means an operation licensed under chapter 28A or 157 that:
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(i) stores, prepares, packages, serves, vends, caters, delivers, or otherwise provides food
for human consumption, where consumption is on or off the premises and regardless of
whether there is a charge for the food; and
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(ii) relinquishes possession of the food either directly or indirectly to a consumer;
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(2) "disposable food service container" means serviceware designed for onetime use.
Disposable food service container includes serviceware for take-out foods, packaged meat,
eggs, bakery products, and leftovers from partially consumed meals prepared by a covered
establishment. Disposable food service container does not include polystyrene foam coolers
or ice chests that are used for processing or shipping seafood;
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(3) "polystyrene foam" means blown polystyrene and expanded or extruded foams using
a styrene monomer; and
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(4) "serviceware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer,
or other item designed to be used to contain, transport, serve, or consume prepared foods.
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Beginning January 1, 2022, a covered establishment must not
process, prepare, sell, or provide food or beverages in or on a disposable food service
container that is composed in whole or in part of polystyrene foam.
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Subdivision 2 does not apply to:
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(1) an emergency for the immediate preservation of public health or safety;
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(2) a disposable food service container that a consumer brings to a covered establishment;
or
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(3) retail sale of food or beverages in or on a disposable food service container composed
in whole or in part of polystyrene foam that the covered establishment purchases prepackaged
at wholesale.
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A covered establishment providing beverages at a facility or function of the state or a
political subdivision of the state must not provide beverage stirrers that are composed of
plastic. For purposes of this section, "beverage stirrer" means a device that is designed solely
to mix liquids that are intended for human consumption and contained in a single-serving
container.
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