Prohibits food establishments from providing a plastic straw except upon request.
Requires food establishments to provide a plastic straw when requested by a person with disabilities.
Requires local governments restricting the use of plastic straws to at least meet the requirements of the act.
Provides that local ordinances that at least meet established requirements in effect as of the effective date of the act are not limited or preempted.
Received in the House on March 6, 2019
Referred to the House Environment & Energy Committee on March 6, 2019
Amendment offered in the House on April 1, 2019
Specifies that a person must specifically request a straw in order to be provided a single-use straw.
(2) Prohibits food service establishments from offering single- use plastic straws without a customer request or from making single- use plastic straws available in self-service containers.
(3) Preempts new local ordinances restricting the provision of plastic straws that are applicable to food service establishments, beginning January 1, 2020.
(4) Declares that restrictions on the provision of plastic straws are not intended to create a conflict with any federal law, including the federal Americans with Disabilities Act, and that a private right of action against food service establishments is not created by the straw provision requirements.
(5) Authorizes local boards of health to adopt annual fees of up to $25 per food service establishment to cover their costs in carrying out straw enforcement duties.
(6) Specifies that a person authorized to operate a food service establishment is the person that must receive notices of violation of straw requirements that is subject to fees or civil penalties.
(7) Increases the penalties to up to $250 per day for third or subsequent violations, or up to $3,000 per year.