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<br />80th OREGON LEGISLATIVE ASSEMBLY--2019 Regular Session
<br />House Bill 2883
<br />Sponsored by Representatives SCHOUTEN, SOLLMAN, MCLAIN; Representatives GOMBERG, GORSEK, HOLVEY,
<br />KENY-GUYER, MITCHELL, NERON, NOSSE, POWER, PRUSAK, WILDE, Senators BURDICK, DEMBROW,
<br />FAGAN, HASS, MANNING JR, MONNES ANDERSON, RILEY, ROBLAN, STEINER HAYWARD
<br />SUMMARY
<br />The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
<br />to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
<br />measure as introduced.
<br />Prohibits food vendor from using polystyrene container in selling, offering for sale, serving or
<br />dispensing prepared food to public. Allows Department of Environmental Quality to impose civil
<br />penalty of not more than $250 per day.
<br />Becomes operative January 1, 2020.
<br />Takes effect on 91st day following adjournment sine die.
<br />A BILL FOR AN ACT
<br />Relating to a prohibition on using polystyrene containers for prepared food; and prescribing an ef-
<br />fective date.
<br />Be It Enacted by the People of the State of Oregon:
<br />SECTION 1.(1) As used in this section:
<br />(a) “Food vendor” means a business, organization or person that, as a principal or regu-
<br />lar activity, sells prepared food or offers prepared food for sale to the public, including, but
<br />not limited to, a store, shop or other sales outlet, a restaurant, a grocery store, a super-
<br />market, a delicatessen or a cart, truck or other vehicle from which the business, organiza-
<br />tion or other person sells prepared food or offers prepared food for sale.
<br />(b)(A) “Polystyrene container” means a cup or cup lid, bowl, plate or other container that
<br />is:
<br />(i) Made of a thermoplastic polymer, including, but not limited to, a solid polystyrene
<br />plastic or a polystyrene plastic foam;
<br />(ii) Made for the purpose of serving, containing, preserving or consuming prepared food;
<br />and
<br />(iii) Ordinarily used once for the purpose described in sub-subparagraph (ii) of this sub-
<br />paragraph before being discarded.
<br />(B) “Polystyrene container” does not include:
<br />(i) A cooler or other container that is made of a polystyrene foam, that is intended for
<br />more than one use and that is enclosed by a solid plastic shell;
<br />(ii) A tray or container used solely to store, ship or otherwise transport an ingredient
<br />or food product that is not prepared food; or
<br />(iii)Polystyrene plastic material that is used solely for packing or protecting other items
<br />during storage, shipping or other transportation.
<br />(c)(A) “Prepared food” means food or a beverage that:
<br />(i) A food vendor prepares on the food vendor’s premises or that another person prepares
<br />and provides to the food vendor for sale to the public; and
<br />NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
<br />New sections are in boldfaced type.
<br />LC 998
<br />ATTACHMENT B
<br />November 18, 2019, Public Hearing – Item 1
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