1.1 	A bill for an act
1.2 	relating to commerce; prohibiting use of disposable polystyrene food service 
1.3 	containers; prohibiting provision of plastic beverage stirrers at state and local 
1.4 	government facilities and functions;proposing coding for new law in Minnesota 
1.5 	Statutes, chapter 325E.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [325E.0301] PROHIBITION ON USE OF DISPOSABLE POLYSTYRENE 
1.8 	FOOD SERVICE CONTAINERS.
1.9 		Subdivision 1.Definitions. The following definitions apply in sections 325E.0301 and 
1.10 	325E.0302:
1.11 	(1) "covered establishment" means an operation licensed under chapter 28A or 157 that:
1.12 	(i) stores, prepares, packages, serves, vends, caters, delivers, or otherwise provides food 
1.13 	for human consumption, where consumption is on or off the premises and regardless of 
1.14 	whether there is a charge for the food; and
1.15 	(ii) relinquishes possession of the food either directly or indirectly to a consumer;
1.16 	(2) "disposable food service container" means serviceware designed for onetime use. 
1.17 	Disposable food service container includes serviceware for take-out foods, packaged meat, 
1.18 	eggs, bakery products, and leftovers from partially consumed meals prepared by a covered 
1.19 	establishment. Disposable food service container does not include polystyrene foam coolers 
1.20 	or ice chests that are used for processing or shipping seafood;
1.21 	(3) "polystyrene foam" means blown polystyrene and expanded or extruded foams using 
1.22 	a styrene monomer; and
2.1 	(4) "serviceware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer, 
2.2 	or other item designed to be used to contain, transport, serve, or consume prepared foods.
2.3 		Subd. 2.Prohibition. Beginning January 1, 2022, a covered establishment must not 
2.4 	process, prepare, sell, or provide food or beverages in or on a disposable food service 
2.5 	container that is composed in whole or in part of polystyrene foam.
2.6 		Subd. 3.Exceptions. Subdivision 2 does not apply to:
2.7 	(1) an emergency for the immediate preservation of public health or safety;
2.8 	(2) a disposable food service container that a consumer brings to a covered establishment; 
2.9 	or
2.10 	(3) retail sale of food or beverages in or on a disposable food service container composed 
2.11 	in whole or in part of polystyrene foam that the covered establishment purchases prepackaged 
2.12 	at wholesale.

2.13 	Sec. 2. [325E.0302] RESTRICTING USE OF PLASTIC BEVERAGE STIRRERS; 
2.14 	GOVERNMENT FACILITIES AND FUNCTIONS.
2.15 	A covered establishment providing beverages at a facility or function of the state or a 
2.16 	political subdivision of the state must not provide beverage stirrers that are composed of 
2.17 	plastic. For purposes of this section, "beverage stirrer" means a device that is designed solely 
2.18 	to mix liquids that are intended for human consumption and contained in a single-serving 
2.19 	container.