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  • Summary date: Apr 18 2023 - View Summary

    Contains whereas clauses.  Enacts Part 2J, pertaining to single-use foodware and condiments, to Article 9 of GS Chapter 130A. Contains definitions. Bars food establishments from: (1) providing defined term single-use foodware or defined term standard condiments to consumers unless the consumer requests them and (2) bundling or packaging single-use foodware or condiments in a manner that prevents consumers from taking only the type of each that they need. Requires third-party delivery platforms to provide an option to request single-use foodware and condiments. Provides exceptions for accessories to prevent spills and to otherwise deliver food and beverages safely. Clarifies that Part 2J should not be construed to (1) prevent a food establishment from making standard condiments available to consumers using refillable single item dispensers and (2) limit the authority of any local government to adopt ordinances that restrict the provision of single-use foodware by food establishments or third-party food delivery platforms. Provides for enforcement mechanisms for both food establishments and third-party delivery platforms by the Department of Health and Human Services (DHHS) to include notice of noncompliance and administrative penalties. Makes conforming changes to GS 130A-22 (administrative penalties) to provide for an administrative penalty for violation of Part 2J, not to exceed $100 per day. Effective October 1, 2023, and applies to violations committed on or after that date.