AN ACT TO BAN THE SALE OF CERTAIN EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTS IN NORTH CAROLINA.
Enacts new Part 2J, Management of Expanded Polystyrene, providing as follows. Prohibits on or after July 1, 2021: (1) a person from selling or offering for sale in the state an expanded polystyrene food service product (as defined); or (2) a food service business or school (public or nonpublic elementary or secondary school, community college, or institution of higher education) from selling or providing food in an expanded polystyrene food service product. Does not prohibit a person from storing a food storage product for later distribution outside the state. Allows granting a waiver for up to one year if compliance would present an undue hardship or a practical difficulty not generally applicable to other food service businesses or schools in similar circumstances. Specifies that the Part does not affect county or city authority to impose standards that are more stringent. Requires the Department of Environmental Quality to conduct a public education and outreach campaign before and while implementing the new Part that must include four minimum components, including distribution of information through state Internet and web-based resources, and news releases and news events. Allows the Department of Environmental Quality to adopt rules to implement the new Part.
Amends GS 130A-22 to make violations of the new Part punishable by a warning for the first violation, a penalty not to exceed $200 for a second violation or a first violation that is not corrected within 90 days, and a penalty not to exceed $500 for subsequent violations.
Applies to retail sales made on or after September 1, 2019.
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