Florida Senate - 2019 SB 502 By Senator Rader 29-00838-19 2019502__ 1 A bill to be entitled 2 An act relating to the prohibition of plastic carryout 3 bags and straws; creating s. 509.235, F.S.; defining 4 terms; prohibiting a store or food service business 5 from providing a carryout bag made of plastic film to 6 a customer; prohibiting a food service business from 7 selling or providing a single-use plastic straw to a 8 customer; providing an exception; providing penalties; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 509.235, Florida Statutes, is created to 14 read: 15 509.235 Plastic carryout bags and straws prohibited.— 16 (1) As used in this section, the term: 17 (a) “Carryout bag” means a bag that is provided by a store 18 or food service business to a customer at the point of sale for 19 the sole purpose of transporting groceries, prepared foods, or 20 retail goods. 21 (b) “Food service business” means a business that sells or 22 provides food to be consumed on or off the premises, and 23 includes, but is not limited to, a restaurant, cafe, 24 delicatessen, coffee shop, supermarket or grocery store, vending 25 truck or cart, food truck, movie theater, or business or 26 institutional cafeteria, including those operated by or on 27 behalf of a governmental entity. 28 (c) “Plastic” means a synthetic material made from linking 29 monomers through a chemical reaction to create an organic 30 polymer chain that can be molded or extruded at high heat into 31 various solid forms retaining their defined shapes during their 32 life cycle and after disposal. 33 (d) “Plastic film” means a nonwoven, flexible plastic that 34 is less than 10 mils thick. 35 (e) “Single-use plastic straw” means a single-use, 36 disposable tube made predominantly of plastic which is used to 37 transfer a beverage from a container to the mouth of a person 38 drinking the beverage. The term does not include a straw made 39 from non-plastic materials, including, but not limited to, 40 paper, pasta, sugarcane, wood, or bamboo. 41 (f) “Store” means a grocery store, supermarket, convenience 42 store, liquor store, pharmacy, drugstore, or other retail 43 establishment that has over 1,000 square feet of retail space. 44 (2)(a) A store or a food service business may not provide a 45 carryout bag made of plastic film to a customer. 46 (b) This subsection does not prohibit a store or a food 47 service business from providing a customer with any of the 48 following: 49 1. A non-handled bag made of plastic film used to separate 50 and prevent a food item from damaging or contaminating another 51 item. 52 2. A bag made of plastic film used to contain an unwrapped 53 food item. 54 3. A durable, handled carryout bag made from a natural or 55 synthetic material other than plastic film, including, but not 56 limited to, woven or nonwoven plastic or cloth, which is at 57 least 10 mils thick and which is specifically designed and 58 manufactured for multiple reuse. 59 (3)(a) Except as specified under paragraph (b), a food 60 service business may not sell or provide a single-use plastic 61 straw to a customer. 62 (b) Upon request, a food service business may provide a 63 single-use plastic straw to a person who requires a single-use 64 plastic straw due to a disability or medical condition. 65 (4) A person or entity that violates this section is 66 subject to a fine of up to $500 for a first violation and up to 67 $1,000 for a second or subsequent violation. 68 Section 2. This act shall take effect July 1, 2019.