H 4156 Session 109 (1991-1992)
H 4156 General Bill, By J.L.M. Cromer, J.J. Bailey, R.A. Barber, Cork and
H.H. Keyserling
A Bill to amend Title 39 of the Code of Laws of South Carolina, 1976, by
adding Chapter 68 so as to create the Polystyrene Foam, Degradable, and
Recyclable Food Packaging Act, to prohibit the use of polystyrene foam
packaging by food establishments, to encourage degradable and recyclable food
packaging, and to provide exceptions.
01/15/92 House Introduced and read first time HJ-32
01/15/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-33
A BILL
TO AMEND TITLE 39 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 68 SO AS TO CREATE
THE POLYSTYRENE FOAM, DEGRADABLE, AND RECYCLABLE
FOOD PACKAGING ACT, TO PROHIBIT THE USE OF
POLYSTYRENE FOAM PACKAGING BY FOOD
ESTABLISHMENTS, TO ENCOURAGE DEGRADABLE AND
RECYCLABLE FOOD PACKAGING, AND TO PROVIDE
EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 39 of the 1976 Code is amended by adding:
"CHAPTER 68
Polystyrene Foam, Degradable and Recyclable
Food Packaging Act
Section 39-68-10. As used in this article:
(1) `Polystyrene foam' means any styrene or vinyl chloride
polymer which is blown into a foam-like material.
(2) `Polystyrene foam food packaging' means any food packaging
which contains polystyrene foam.
(3) `Customer' means a person purchasing food or beverages from
a restaurant or retail food vendor.
(4) `Person' means any natural person, firm, corporation,
partnership, or other organization or group however organized.
(5) `Supplier' means a person selling or otherwise supplying food
packaging to a restaurant or retail food vendor.
(6) `Food vendor' means a restaurant or retail food vendor.
(7) `Prepared food' means foods or beverages which are prepared
on the vendor's premises by cooking, chopping, slicing, mixing,
freezing, or squeezing, and which require no further preparation to be
consumed. `Prepared food' does not include any raw uncooked meat
product or fruits or vegetables which are not chopped, squeezed, or
mixed.
(8) `Restaurant' means an establishment selling prepared food to
be eaten on or about its premises by customers. Restaurant includes a
sidewalk food vendor.
(9) `Takeout food' means prepared foods or beverages requiring
no further preparation to be consumed and which are generally
purchased in order to be consumed off the retail food vendor's premises.
(10) `Retail food vendor' means any store, shop, sales outlet, or
other establishment, including a grocery store or a delicatessen, other
than a restaurant, which sells takeout food.
(11) `Food packaging' means all bags, sacks, wrapping, containers,
bowls, plates, trays, cartons, cups, straws, and lids which are not
intended for reuse, on or in which foods or beverages are placed or
packaged on a restaurant's or retail food vendor's premises.
(12) `Degradable food packaging' means food packaging which
substantially reduces to its constituent substances through degradation
processes initiated by natural organisms whose end products are
substantially, but not necessarily entirely, carbon dioxide and water; and
plastic items designed to degrade when exposed to ultraviolet light.
`Degradable food packaging' does not include cellulose-based items
which have a synthetic or plastic coating comprising more than five
percent of the total volume of the item.
(13) `Recyclable food packaging' means any food packaging
including glass, cans, cardboard, paper, mixed paper, or other items
which can be recycled, salvaged, composted, processed, or marketed by
any means other than landfilling or burning, whether as fuel or
otherwise, so that they are returned to use by society.
Section 39-68-20. (A) (1) Except as provided in Sections
39-68-60 and 39-68-70, no restaurant shall provide prepared food to its
customers in any polystyrene foam food packaging, nor shall any
restaurant purchase, obtain, or keep any polystyrene foam packaging for
this purpose.
(2) A restaurant obtaining food packaging after the effective
date of this chapter must obtain from each of its suppliers a written
statement signed by the supplier or its responsible agent stating:
(a) that the supplier will not supply polystyrene foam food
packaging to that vendor;
(b) that the supplier will note on each invoice for food
packaging supplied to that vendor that the packaging covered by the
invoice is not polystyrene foam; and
(c) the identity of the packaging's manufacturer.
(3) All contracts between a restaurant and a supplier entered
into after the effective date of this chapter must include provisions that
the supplier:
(a) will not supply polystyrene foam food packaging;
(b) will state on each invoice for food packaging supplied
that the packaging is not polystyrene foam; and
(c) will state on each invoice the identity of the packaging's
manufacturer.
Failure to comply with these provisions constitutes a material breach
of contract.
(4) Restaurants must retain each supplier's written statement
for one year from the date of receipt of any food packaging from that
supplier.
(B) (1) Except as provided in Sections 39-68-60 and 39-68-70,
no retail food vendor may sell takeout food in any polystyrene foam
takeout food packaging, nor may any retail food vendor purchase,
obtain, or keep any polystyrene foam packaging for this purpose.
(2) All retail food vendors shall segregate, in their warehouses
or other storage areas, food packaging used in their takeout food
operations from other food packaging. Takeout food packaging
containers or boxes must be labelled as such and indicate that they do
not contain food packaging which is polystyrene foam.
(3) A retail food vendor purchasing takeout food packaging
after the effective date of this chapter must comply with the
requirements of Section 39-68-20(A)(2) and 39-68-20(A)(4).
(4) All contracts for the purchase of takeout food packaging
entered into after the effective date of this chapter must comply with the
provisions of Section 39-68-20(A)(3).
Section 39-68-30. (A) At least fifty percent by volume of each
restaurant's food packaging, in which prepared food is provided to
customers, or which is kept, purchased, or obtained for this purpose,
must be degradable or recyclable. Within five years from the effective
date of this act, one hundred percent of the food packaging used for
purposes under this subsection must be degradable or recyclable. Each
restaurant shall maintain written records evidencing its compliance with
this section.
(B) At least fifty percent by volume of each retail food vendor's
packaging, in which takeout food is provided to customers, or which is
kept, purchased, or obtained for this purpose, must be degradable or
recyclable. Within five years from the effective date of this act, one
hundred percent of the food packaging used for purposes under this
subsection must be degradable or recyclable. Each retail food vendor
shall maintain written records evidencing its compliance with this
section.
Section 39-68-40. (A) It is unlawful for a supplier to make a
misstatement of material fact to a food vendor or to the Department of
Health and Environmental Control regarding the degradable or
recyclable nature of, or the use or nonuse of polystyrene foam in the
manufacture of any food packaging supplied to any food vendor.
(B) A food vendor shall state that he is in compliance with this
chapter on his annual business license renewal form.
Section 39-68-50. All statements and documents required by this
chapter must be made available for inspection by the Department of
Health and Environmental Control. It is unlawful for anyone having
custody of the documents to fail or refuse to produce the documents
upon request by the department.
Section 39-68-60. The Department of Health and Environmental
Control may exempt an item or type of food packaging from the
requirements of this chapter upon a showing that the item or type has no
acceptable nonpolystyrene foam equivalent and that imposing the
requirements on that item or type would cause undue hardship. The
documentation must include a list of suppliers contacted to determine if
nonpolystyrene foam substitutes are available.
Section 39-68-70. Food packaging required to be purchased under
a contract entered into before the effective date of this chapter is exempt
from the provisions of this chapter.
Section 39-68-80. Each restaurant and retail food vendor shall
establish separate waste receptacles for each type of recyclable food
packaging waste, generated on the premises, including, but not limited
to, glass, cans, cardboard, newspapers, and mixed paper.
Section 39-68-90. The Department of Health and Environmental
Control shall promulgate regulations and to take any action reasonable
and necessary to enforce the provisions of this chapter, including, but
not limited to, inspecting a vendor's premises to verify compliance.
Section 39-68-100. A person who violates or fails to comply with
the requirements of this chapter is subject to administrative penalties
established by the Department of Health and Environmental Control not
to exceed one thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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