HB 1564-FN - AS AMENDED BY THE HOUSE
HOUSE BILL 1564-FN
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
HB 1564-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0176h)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
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.
Department of Environmental Services
|Jan. 23, 2020||House||Hearing|
|March 3, 2020||House||Exec Session|
|March 11, 2020||House||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and referred to Commerce and Consumer Affairs HJ 1 P. 27|
|Jan. 23, 2020||Public Hearing: 01/23/2020 11:00 am LOB 302|
|Feb. 7, 2020||Subcommittee Work Session: 02/07/2020 10:00 am LOB 302|
|Feb. 21, 2020||Subcommittee Work Session: 02/21/2020 10:00 am LOB 302|
|March 3, 2020||Executive Session: 03/03/2020 10:30 am LOB 302|
|Committee Report: Ought to Pass with Amendment # 2020-0176h (Vote 11-8; RC)|
|March 11, 2020||Committee Report: Ought to Pass with Amendment # 2020-0176h for 03/11/2020 (Vote 11-8; RC) HC 10 P. 40|
|March 11, 2020||Amendment # 2020-0176h: AA VV 03/11/2020|
|March 11, 2020||Ought to Pass with Amendment 2020-0176h: MA RC 194-129 03/11/2020|
|June 16, 2020||Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8|
|June 16, 2020||No Pending Motion; 06/16/2020 SJ 8|