Florida Senate - 2019 SB 588 By Senator Hutson 7-01075B-19 2019588__ 1 A bill to be entitled 2 An act relating to single-use plastic straws; creating 3 s. 403.7034, F.S.; defining terms; providing that a 4 food service establishment may distribute a single-use 5 plastic straw to a customer only if requested to do so 6 by the customer; providing exceptions; providing that 7 a food service establishment may make single-use 8 plastic straws available through self-serve straw 9 dispensers; preempting the regulation of single-use 10 plastic straws to the state; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 403.7034, Florida Statutes, is created 16 to read: 17 403.7034 Single-use plastic straws.— 18 (1) As used in this section, the term: 19 (a) “Distribute” means to sell, use, or offer or to provide 20 for sale or use. 21 (b) “Food service establishment” means a restaurant, 22 convenience store, grocery store, or vendor that sells food or 23 beverages for the customer to consume on, near, or off the 24 establishment’s premises. 25 (c) “Single-use” means a product that is designed to be 26 used only once in its original form and then be disposed of or 27 destroyed. 28 (d) “Single-use plastic straw” means a single-use, 29 disposable straw made predominantly of plastic derived from 30 petroleum or a biologically based polymer, such as corn or other 31 plant sources, which is used to transfer a beverage from a 32 container to the mouth of the person drinking the beverage. The 33 term does not include a straw made from nonplastic materials, 34 including, but not limited to, paper, wood, or bamboo. 35 (2)(a) A food service establishment may distribute a 36 single-use plastic straw to a customer only if requested to do 37 so by the customer. 38 (b) The prohibition under paragraph (a) does not apply to a 39 take-out order; an order for off-premises delivery; an order 40 placed via a digital or mobile application; the distribution of 41 food or beverage items that were filled, sealed, or packaged 42 before the food service establishment received such items; or 43 hospitals or nursing, rehabilitation, or other healthcare 44 facilities. 45 (3) This section does not prohibit a food service 46 establishment from making single-use plastic straws available to 47 customers through a self-serve straw dispenser. 48 (4) The regulation of single-use plastic straws is 49 preempted to the state. A municipality, county, or other local 50 governmental entity may not adopt, enforce, or implement any 51 ordinance, rule, or law that would further restrict a food 52 service establishment from distributing single-use plastic 53 straws to customers. 54 Section 2. This act shall take effect July 1, 2019.