HB1564: prohibiting the use of polystyrene foam.

HB 1564-FN - AS AMENDED BY THE HOUSE

11Mar2020... 0176h

2020 SESSION

20-2275

08/06

HOUSE BILL 1564-FN

AN ACT prohibiting the use of polystyrene foam.

SPONSORS: Rep. Balch, Hills. 38; Rep. Schultz, Merr. 18; Rep. Sofikitis, Hills. 34; Rep. Spang, Straf. 6; Rep. Oxenham, Sull. 1

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill prohibits the use of polystyrene foam in food service establishments.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0176h 20-2275

08/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT prohibiting the use of polystyrene foam.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Prohibition of Polystyrene Foam. Amend RSA 149-M by inserting after section 60 the following new subdivision:

Prohibition of Polystyrene Foam

149-M:61 Definitions. In this subdivision:

I. "Department" means the department of environmental services.

II. "Disposable food service container" means service ware designed for one-time use. "Disposable food service container" includes service ware for beverages, take-out foods, bakery products, and leftovers from partially consumed meals prepared by food vendors.

III. "Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, cafe, delicatessen, coffee shop, supermarket or grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of the state.

IV. "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene polymer.

V. "Service ware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to be used for prepared foods.

149-M:62 Prohibition on Polystyrene.

I. Beginning January 1, 2021, no food service business shall sell or distribute in the state a disposable food service container for prepared foods or beverages that is composed in whole or in part of polystyrene foam.

II. The following items are exempt from the prohibition in this section:

(a) Factory-sealed, aseptically-packaged shelf-stable foods.

(b) Uncooked meat, fish, poultry, or seafood for off-premises preparation and consumption.

(c) Eggs.

2 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2275

Amended 3/27/20

HB 1564-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0176h)

AN ACT prohibiting the use of polystyrene foam.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

$0

Indeterminable

Indeterminable

LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

$0

$0

Indeterminable

Indeterminable

METHODOLOGY:

This bill prohibits food service businesses from selling or distributing disposable food service ware made from polystyrene foam. Because this bill would be codified in RSA 149-M, the Department of Environmental Services would have responsibility for administration and enforcement of this provision per RSA 149-M:5 and RSA 149-M:6. The Department assumes there would be indeterminable costs to carry out various responsibilities related to this bill, specifically those responsibilities in RSA 149-M:6, paragraphs I, IV(b), VII, and XIV. These sections require the Department to investigate any violation of RSA Chapter 149-M, provide technical assistance to citizens, towns and districts, and conduct any other activity for the purpose of administering the chapter. Because the Department does not have existing program resources dedicated to regulating food service businesses, the Department would have to hire additional staff to meet the obligations in the bill. The Department assumes it will need an additional Program Specialist III position at an annual cost of $44,000 to $48,000 beginning in fiscal year 2022. Because of a number of variables, the Department is unable to accurately calculate complete costs or impacts. There may also be indeterminate costs to food service businesses, including those owned and operated by the State, associated with procuring alternative food service ware. The Department states it is not possible to estimate the impact to either county or local governments.

AGENCIES CONTACTED:

Department of Environmental Services