Senate Bill 40 (2020) — Prohibition of plastic carryout bags and straws
SB 40
Florida Bills
Florida Senate - 2020 SB By Senator Rader 29-00025-20 202040__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to the prohibition of plastic carryout bags and straws; creating s. 509.235, F.S.; defining terms; prohibiting a store or food service business from providing to a customer a carryout bag made of plastic film; prohibiting a food service business from selling or providing to a customer a single-use plastic straw; providing an exception; providing penalties; providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section
Section 509.235, Florida Statutes, is created to read: 14 509.235 Plastic carryout bags and single-use straws prohibited.— 16
(1) As used in this section, the term: 17
(a) “Carryout bag” means a bag that a store or food service business provides to its customer at the point of sale for the sole purpose of transporting groceries, prepared foods, or retail goods. 21
(b) “Food service business” means a business that sells or provides food to be consumed on or off the premises, and includes, but is not limited to, a restaurant, cafe, 24 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 a governmental entity. 28
(c) “Plastic” means a synthetic material made from linking Florida Senate - 2020 SB 40 29-00025-20 202040__ CODING: Words stricken are deletions; words underlined are additions. monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal. 33
(d) “Plastic film” means a nonwoven, flexible plastic that is less than mils thick. 35
(e) “Single-use plastic straw” means a single-use, 36 disposable tube made predominantly of plastic which a person uses when drinking to transfer a beverage from its container to his or her mouth. The term does not include a straw made from nonplastic materials, including, but not limited to, paper, 40 pasta, sugarcane, wood, or bamboo. 41
(f) “Store” means a grocery store, supermarket, convenience store, liquor store, pharmacy, drugstore, or other retail establishment that has more than 1,000 square feet of retail space. 45 (2)(
a) A store or a food service business may not provide to a customer a carryout bag made of plastic film. 47
(
b) This subsection does not prohibit a store or a food service business from providing a customer with any of the following: 50 1. A nonhandled bag made of plastic film used to separate and prevent a food item from damaging or contaminating another item. 53 2. A bag made of plastic film used to contain an unwrapped food item. 55 3.
A durable, handled carryout bag made from a natural or synthetic material other than plastic film, including, but not limited to, woven or nonwoven plastic or cloth, which is at Florida Senate - 2020 SB 40 29-00025-20 202040__ CODING: Words stricken are deletions; words underlined are additions. least mils thick and which is specifically designed and manufactured to be reused multiple times. 60 (3)(
a) Except as specified under paragraph (b), a food service business may not sell or provide to a customer a single-62 use plastic straw. 63
(
b) Upon request, a food service business may provide a single-use plastic straw to a person who requires a single-use plastic straw due to a disability or medical condition. 66
(4) A person or entity that violates this
section is subject to a fine of up to $500 for a first violation and up to 68 $1,000 for a second or subsequent violation. 69