Bill Summary for S 451 (2021-2022)

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Summary date: 

Apr 1 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 451 (Public) Filed Thursday, April 1, 2021
AN ACT TO PROHIBIT THE USE OF NON-RECYCLABLE, NON-COMPOSTABLE, OR SINGLE-USE PLASTIC FOOD SERVICE WARE AND SINGLE-USE PLASTIC BAGS.
Intro. by Mayfield, Murdock.

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Bill summary

Enacts GS 130A-309.14 to prohibit State entities and political subdivisions which receive State funds from selling or providing food or beverages in or with disposable food service ware, as defined, unless the ware is reusable, compostable, or recyclable, as defined by statutory cross-reference. 

Enacts Part 2J, Management of Disposable Food Service Ware, to Article 9, GS Chapter 130A. States legislative findings and sets forth five defined terms. Prohibits prepared food retailers, as defined, from selling or providing food or beverages in or with disposable food service ware, unless such ware is reusable, compostable, or recyclable, as defined.

Reenacts and makes the following changes to expand Part 2G, Plastic Bag Management, of Article 9, GS Chapter 130A. Revises the legislative findings to apply statewide rather than focusing on coastal areas. Repeals GS 130A-309.125, which limits the Part's scope to counties which include a barrier island or peninsula that meets specified criteria. Makes technical changes. 

Makes the above provisions apply to retail sales on or after October 1, 2023.

Provides for the following, notwithstanding the above enactments. Permits State entities and political subdivisions to continue to use its stocks of food service ware purchased prior to October 1, 2023, until such stocks are exhausted. Permits prepared food retailers to continue to use stocks of food service ware purchased prior to October 1, 2023, until the earlier of July 1, 2024, or when such stocks are exhausted. Permits a retailer to continue to use stocks of plastic bags subject to the ban enacted by Part 2G, Article 9, GS Chapter 130A, as amended, until the earlier of July 1, 2024, or when such stocks are exhausted.