No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6654 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6654
To prohibit the sale and distribution of expanded polystyrene food
service ware, expanded polystyrene loose fill, and expanded polystyrene
coolers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2023
Mr. Doggett (for himself, Ms. Barragan, Mr. Blumenauer, Mr. Cleaver,
Mr. McGovern, Mr. Nadler, Ms. Norton, Mr. Payne, Ms. Jayapal, Mr.
Mullin, Mr. Raskin, Ms. Castor of Florida, Ms. Kamlager-Dove, Mr.
Cohen, Mr. DeSaulnier, Mr. Grijalva, Mr. Huffman, Mr. Vargas, Ms.
Pingree, Mr. Takano, Ms. Velazquez, Mr. Khanna, Ms. Tokuda, Mrs.
Napolitano, Ms. Clarke of New York, Ms. Salinas, Mrs. Trahan, Ms.
Lofgren, Mr. Connolly, Mr. Robert Garcia of California, Ms. Porter, Mr.
Schiff, Mr. Lieu, Ms. Wilson of Florida, Ms. Bonamici, Mr. Casar, Mr.
Keating, Mr. Goldman of New York, Ms. Lee of California, Ms.
Schakowsky, Mr. Mfume, Ms. Sanchez, Mrs. Watson Coleman, Ms. Brownley,
Mr. Quigley, Mr. Thompson of California, Ms. Pressley, Mr. Garamendi,
Mr. Johnson of Georgia, Mr. Pocan, Mr. Carter of Louisiana, Ms.
McCollum, Mr. Espaillat, Mr. Levin, Ms. Ocasio-Cortez, Mr. Casten, Mr.
Ivey, Mr. Sarbanes, Mr. Trone, Ms. Jacobs, Mr. Bowman, and Mr. Green of
Texas) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the sale and distribution of expanded polystyrene food
service ware, expanded polystyrene loose fill, and expanded polystyrene
coolers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farewell to Foam Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Biological product.--The term ``biological product''
has the meaning given the term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
(3) Covered polystyrene foam ware.--The term ``covered
polystyrene foam ware'' means--
(A) an expanded polystyrene cooler;
(B) an expanded polystyrene food service ware; and
(C) expanded polystyrene loose fill.
(4) Distributor.--The term ``distributor'' means any person
that distributes covered polystyrene foam ware that is sold or
offered for sale in the United States.
(5) Drug.--The term ``drug'' has the meaning given the term
in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(6) Expanded polystyrene.--The term ``expanded
polystyrene'' means blown polystyrene and expanded or extruded
foams that are thermoplastic petrochemical materials utilizing
a styrene monomer and processed by any technique or combination
of techniques, including fusion of polymer spheres (expandable
bead polystyrene), injection molding, foam molding, and
extrusion-blow molding (extruded foam polystyrene).
(7) Expanded polystyrene cooler.--
(A) In general.--The term ``expanded polystyrene
cooler'' means a portable container made entirely or
partially of expanded polystyrene that is designed or
intended to be used for cold storage.
(B) Exclusion.--The term ``expanded polystyrene
cooler'' excludes portable containers intended to be
used for drugs, medical devices, or biological
products.
(8) Expanded polystyrene food service ware.--
(A) In general.--The term ``expanded polystyrene
food service ware'' means a product made of expanded
polystyrene that is--
(i) used for selling or providing food or
beverages; and
(ii)(I) intended by the manufacturer to be
used once for eating or drinking; or
(II) generally recognized by the public as
an item to be discarded after 1 use.
(B) Inclusions.--The term ``expanded polystyrene
food service ware'' includes any product described in
subparagraph (A) consisting of a bowl, plate, hot or
cold beverage cup, lid, clamshell, tray, carton for
eggs or other food, or any other item used for serving
or containing prepared food, including takeout food and
leftovers from partially consumed meals prepared by
food vendors.
(9) Expanded polystyrene loose fill.--The term ``expanded
polystyrene loose fill'' means a void-filling packaging product
made of expanded polystyrene foam that is used as a packaging
fill (commonly referred to as ``packing peanuts'').
(10) Food service provider.--The term ``food service
provider'' means a person engaged in the business of selling or
distributing prepared food or beverages for on-premise or off-
premise consumption, including any--
(A) food service establishment, caterer, temporary
food service establishment, mobile food service
establishment, and pushcart;
(B) retail food store;
(C) delicatessen;
(D) grocery store;
(E) restaurant;
(F) cafeteria;
(G) coffee shop;
(H) hospital, adult care facility, and nursing
home; and
(I) elementary or secondary school, college, and
university.
(11) Manufacturer.--The term ``manufacturer'' means any
person that manufactures or imports covered polystyrene foam
ware that is sold, offered for sale, or distributed in the
United States.
(12) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(13) Prepared food.--
(A) In general.--The term ``prepared food'' means
food or beverages that--
(i) are cooked, chopped, sliced, mixed,
brewed, frozen, heated, squeezed, combined, or
otherwise prepared on the premises of a food
service provider for immediate consumption; and
(ii) require no further preparation to be
consumed.
(B) Inclusion.--The term ``prepared food'' includes
ready-to-eat takeout foods and beverages described in
subparagraph (A).
(14) Retailer.--The term ``retailer'' means any person that
sells, supplies, or offers to consumers covered polystyrene
foam ware.
SEC. 3. BAN ON EXPANDED POLYSTYRENE FOOD SERVICE WARE, LOOSE FILL, AND
COOLERS.
(a) Expanded Polystyrene Food Service Ware.--Beginning on January
1, 2026, no food service provider, manufacturer, distributor, or
retailer shall sell, offer for sale, or distribute expanded polystyrene
food service ware.
(b) Expanded Polystyrene Loose Fill and Expanded Polystyrene
Coolers.--Beginning on January 1, 2026, no manufacturer, distributor,
or retailer shall sell, offer for sale, or distribute expanded
polystyrene loose fill or expanded polystyrene coolers.
SEC. 4. ENFORCEMENT.
(a) Written Notification for First Violation.--If a food service
provider, manufacturer, distributor, or retailer violates section 3,
the Administrator shall provide that food service provider,
manufacturer, distributor, or retailer with written notification
regarding the violation.
(b) Subsequent Violations.--
(1) In general.--If a food service provider, manufacturer,
distributor, or retailer, subsequent to receiving a written
notification under subsection (a), violates section 3 again,
the Administrator shall impose a civil penalty on the food
service provider, manufacturer, distributor, or retailer in
accordance with this subsection.
(2) Amount of penalty.--For each violation described in
paragraph (1), the amount of the civil penalty under that
paragraph shall be--
(A) in the case of the second violation, $250;
(B) in the case of the third violation, $500; and
(C) in the case of the fourth, and any subsequent,
violation, $1,000.
(3) Limitations.--
(A) Food service providers; retailers.--In the case
of a food service provider or retailer the annual
revenue of which is less than $1,000,000, a penalty
shall not be imposed under this subsection more than
once during any 7-day period.
(B) Manufacturer; distributors.--In the case of a
manufacturer or distributor the annual revenue of which
is less than $5,000,000, a penalty shall not be imposed
under this subsection more than once during any 7-day
period.
(c) State Enforcement.--The Administrator may permit a State to
carry out enforcement under this section if the Administrator
determines that the State meets such requirements as the Administrator
may establish.
SEC. 5. REGULATIONS.
The Administrator may promulgate such regulations as the
Administrator determines necessary to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
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