HB 290 — An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in environmental protection, providing for polystyrene food container prohibition; and imposing penalties.

PRINTER'S NO.   235

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 290
                                                 Session of
                                                   2025

     INTRODUCED BY BRIGGS, ISAACSON, KINKEAD, PIELLI, KHAN, PROBST,
        KENYATTA, BRENNAN, SANCHEZ, HOWARD, CEPEDA-FREYTIZ,
        HOHENSTEIN, MALAGARI, FREEMAN, HILL-EVANS, D. WILLIAMS AND
        GREEN, JANUARY 23, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, JANUARY 23, 2025


                                      AN ACT
 1   Amending Title 27 (Environmental Resources) of the Pennsylvania
 2      Consolidated Statutes, in environmental protection, providing
 3      for polystyrene food container prohibition; and imposing
 4      penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Title 27 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a chapter to read:
 9                                  CHAPTER 43
10                   POLYSTYRENE FOOD CONTAINER PROHIBITION
11   Sec.
12   4301.   Purpose.
13   4302.   Definitions.
14   4303.   Prohibition.
15   4304.   Complaints.
16   4305.   Compliance.
17   4306.   Regulations.
 1   4307.   Penalties.
 2   4308.   Applicability.
 3   § 4301.   Purpose.
 4      The intent of this chapter is to reduce the adverse
 5   environmental impact of polystyrene food containers by
 6   prohibiting a food establishment from dispensing prepared food
 7   to a customer in a polystyrene food service container.
 8   § 4302.   Definitions.
 9      The following words and phrases when used in this chapter
10   shall have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Department."     The Department of Environmental Protection of
13   the Commonwealth.
14      "Food establishment."     All sales outlets, stores, shops or
15   other places of business located within this Commonwealth which
16   operate primarily to sell or convey food directly to the
17   ultimate consumer, which food is predominately contained,
18   wrapped or held in or on packaging. The term shall include any
19   place where food is prepared, mixed, cooked, baked, smoked,
20   preserved, bottled, packaged, handled, stored, manufactured and
21   sold or offered for sale, including any fixed or mobile
22   restaurant, drive-in, coffee shop, cafeteria, short order cafe,
23   delicatessen, luncheonette, grill, sandwich shop, soda fountain,
24   tavern, bar, cocktail lounge, nightclub, roadside stand,
25   prepared food take-out place, industrial feeding establishment,
26   catering kitchen, commissary, grocery store, public food market,
27   food stand or similar place in which food or drink is prepared
28   for sale or for service on the premises or elsewhere, and any
29   other establishment or operation, including homes, where food is
30   processed, prepared, stored, served or provided for the public

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 1   for charge.
 2      "Polystyrene food service container."       As follows:
 3             (1)   A single-use polystyrene foam food service
 4      container, including a cup, bowl, plate and clamshell-style
 5      container or a foam cooler that is not encased in another
 6      material.
 7             (2)   A single-use polystyrene solid plastic food
 8      container, including a cup, bowl, plate, clamshell-style
 9      container, cutlery, straw and cup lid.
10      "Prepared food."       Food or beverage prepared for public
11   consumption by a food establishment using any cooking or food
12   preparation technique. The term does not include raw or uncooked
13   meat, fish or eggs provided for public consumption without
14   further food preparation.
15      "Retailer."     A person that purchases or receives products
16   from any source for the purpose of sale to a consumer.
17   § 4303.    Prohibition.
18      (a)    Food establishment.--A food establishment is prohibited
19   from:
20             (1)   Dispensing prepared food in or on a polystyrene food
21      service container.
22             (2)   Selling, giving or providing eating utensils or
23      straws composed of polystyrene.
24      (b)    Retailer.--A retailer is prohibited from selling, giving
25   or providing a polystyrene food service container except for:
26             (1)   Meat trays.
27             (2)   Egg cartons.
28             (3)   Packing materials.
29   § 4304.    Complaints.
30      The department shall prescribe a procedure for a person to

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 1   file a complaint with the department for a violation of this
 2   chapter.
 3   § 4305.    Compliance.
 4      The department shall develop and maintain a publicly
 5   accessible Internet website with all of the following:
 6             (1)   A description of the information necessary to comply
 7      with the prohibition under section 4303 (relating to
 8      prohibition).
 9             (2)   A description of the procedure to file a complaint
10      with the department for a violation of the prohibition under
11      section 4304 (relating to complaints).
12   § 4306.    Regulations.
13      The department may adopt rules and promulgate regulations
14   necessary to implement this chapter.
15   § 4307.    Penalties.
16      (a)     Imposition.--The department may impose a civil penalty
17   in the following amounts for a violation of this chapter:
18             (1)   For a first violation, $500.
19             (2)   For a second violation, $1,000.
20             (3)   For a third or subsequent violation, $2,000.
21      (b)     Payment.--Any civil penalty collected under subsection
22   (a) shall be paid to the department.
23      (c)     Local law.--This chapter shall preempt any ordinance or
24   resolution passed or adopted by any political subdivision that
25   is effective before, on or after the effective date of this
26   subsection to the extent that the ordinance or resolution
27   conflicts or is inconsistent with this chapter.
28   § 4308.    Applicability.
29      This act shall apply to transactions consummated after July
30   1, 2025.

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1     Section 2.    This act shall take effect immediately.




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