HB 2365 Prohibits single-use plastic food service ware

This bill prohibits food vendor from using single-use plastic food service ware when selling prepared food, unless specifically requested and food service ware isn’t plastic and is recyclable. Requires specified restaurants and bed and breakfast facilities to be able to sanitize reusable food service ware.

Fiscal Responsibility
The economy can only rebound with restaurants and food vendors in full operation. This bill slows restaurants recovery.

Limited Government
This bill might have some things that need to be researched, but government needs to make their case and show the effect on the economy before they slap on such a restricting regulation and sending watch dogs after the food industry. Food vendors know that sanitation is a top priority to keeping their business, which are inspected regularly. “Enforcement officer” means an authorized representative of the State Department of Agriculture who conducts inspections under ORS 616.286 or an authorized representative of the Director of the Oregon Health Authority or of a local government who conducts inspections under ORS 624.010 to 624.121 or 624.310 to 624.430.

Free Markets
Prohibits food vendors from providing any service ware that is plastic and that is not made entirely from fiber-based materials and readily compostable or readily recyclable; and must not contain any PFOA or PFOS chemicals. “Foodservice ware” includes bowls, plates, cups, lids, straws, forks, spoons, knives, chopsticks, clamshells or other containers or any other items used for serving, containing or consuming prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors; and foodservice ware accessories includes napkins, cup sleeves, food or beverage trays, condiment packets and saucers, stirrers, splash sticks, toothpicks or any other nonfood item regularly provided alongside prepared food. Requires mobile units be able to sanitize reusable food service ware on premises or at another location. Prohibits sale or distribution of food service ware containing perfluoroalkyl or polyfluoroalkyl substances. PFOA and PFOS are no longer manufactured in the United States, they are still produced internationally and can be imported into the United States in consumer goods such as carpet, leather and apparel, textiles, paper and packaging, coatings, rubber and plastics. A food vendor that is in violation is subject to a notice for the first and second violation, subject to a fine of $25 for each day and may not total more than $300 during a calendar year.