Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.
The legislature finds that expanded polystyrene
foam represents one of the most common and toxic forms of litter
pollution in South Carolina. Expanded polystyrene foam is
designed to be lightweight, which allows it to easily escape
waste collection systems and accumulate on land and in water.
The accumulation of expanded polystyrene foam on land and in
water poisons the local food supply as the pollution leaches
styrene, a known carcinogen, and other toxins into the land and
water. This poisonous chain impacts all species including
birds, whales, turtles, and the fish that form the foundation of
the local fishing industry. Expanded polystyrene foam poisons
and mars South Carolina's iconic landscapes, which serves as the
basis for one of its most important industries, tourism. The
National Oceanic and Atmospheric Administration's marine debris
action plan have included the elimination of expanded
polystyrene foam pollution as a top priority for 2019.
The legislature further finds that the cost
to the State and counties to clean expanded polystyrene foam and
other plastics from storm drains, waterways, marine ecosystems,
and other aggregation points is increasingly burdensome. The
purpose of this act is to protect the State's environment and
economy discouraging the use of nonbiodegradable containers by
food vendors.
SECTION 2. Title 39 of the 1976 Code is amended by adding:
Section 39-77-10. As
used in this chapter:
(1) 'Department' means
the Department of Health and Environmental Control.
(2) 'Expanded
polystyrene foam' means blown polystyrene and expanded and
extruded foams that are thermoplastic petrochemical materials
using a styrene monomer.
(3) 'Food vendor' means
any person, public or private, located within the State, who
offers for sale or sells food or beverage products.
(4) 'Polystyrene foam
container' means a container that intended for single use and is
made of expanded polystyrene foam.
(5) 'Prepared food'
means food or beverages that are prepared to be consumed on or
off the premises of the establishment at which it was
prepared.
(6) 'Undue hardship'
includes but is not limited to situations in which:
(a)
there are no acceptable alternatives to packaging for
reasons that are unique to the applicant; or
(b)
compliance would deprive a person of a legally protected
right.
Section 39-77-20. (A) Beginning on January 1, 2019 , a food vendor in this State who serves or packages prepared food in nonbiodegradable food or beverage containers, plastic check-out bags, or polystyrene foam containers must charge one cent at the point of sale. The one cent collected must be distributed to Palmetto Pride for the purposes of litter removal.
Section 39-77-30. The department may grant a one-year exemption from the requirements of this chapter upon application and a showing by the applicant that compliance would cause undue hardship.
Section 39-77-40. If
the department determines that a food vendor has violated this
chapter, or any regulation adopted pursuant to this chapter, the
department shall:
(1) for a food vendor's
first violation, provide the food vendor a written notice of
violation;
(2) for a food vendor's
second violation, fine the food vendor two hundred dollars;
and
(3) for a food vendor's
third and each subsequent violation, fine the food vendor five
hundred dollars.
Section 39-77-50. The department is authorized to adopt rules and regulations to implement the provisions of this chapter. The department shall make and distribute materials to educate the public on the hazards and environmental impact of using nonbiodegradable food and beverage containers and polystyrene foam containers prior to enforcing the provisions of this chapter."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.