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SB2361
THE SENATE
S.B. NO.
2361
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO SINGLE-USE PLASTICS
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that single-use plastic
utensils and other service ware pose significant environmental and health
concerns.
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Single-use plastic utensils
are often contaminated with food waste, which complicates recycling efforts and
increases the risk of spreading bacterial contamination.
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The legislature further finds that current
recycling infrastructure is unable to process single-use plastic service ware
effectively, leading to increased landfill waste and environmental pollution.
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The
legislature notes that several jurisdictions, including California, Washington,
and New York City, have enacted distribution restrictions on single-use plastic
service ware.
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Data from these areas show
a reduction in plastic pollution and increased adoption of safer, reusable, or
compostable alternatives.
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Accordingly,
this Act aims to protect public health, improve recycling system effectiveness,
and reduce environmental harm by prohibiting the distribution of single-use
plastic service ware in Hawaii.
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SECTION
2.
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Chapter 342H, Hawaii Revised
Statutes, is amended by adding a new section to read as follows:
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�342H-
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Single-use
plastic service ware; prohibited.
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(a)
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After January 1, 2027, no business where food
or beverages are packaged and sold on the premises for individual consumption
shall sell or distribute single-use plastic service ware.
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(b)
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Any business that violates this section shall
be:
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(1)
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Ordered to discontinue the sale or distribution
of service ware prohibited by this section; and
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(2)
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If continuing the sale or
distribution despite the order, subject to a civil fine of not less than $100
and not more than $1,000 for each day of violation.
The
director may initiate a civil action in any court of competent jurisdiction for
injunctive or other relief to correct or abate violations of this section,
collect administrative penalties, or obtain other relief.
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(c)
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As used in this section:
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"Business"
means any commercial enterprise or establishment operating in the State,
including an individual proprietorship, joint venture, partnership,
corporation, limited liability company, or other legal entity, whether for
profit or not for profit, and includes any employee of the business or any
independent contractor of the business.
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"Plastic":
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(1)
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Means a synthetic or semisynthetic
material chemically synthesized by the polymerization of organic substances
that can be shaped into various rigid or flexible forms;
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(2)
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Includes, without limitation,
polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low
density polyethylene, polypropylene, polystyrene, polylactic acid, and
aliphatic biopolyesters, such as polyhydroxyalkanoate and polyhydroxybutyrate;
and
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(3)
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Does not include natural rubber,
aluminum, glass, paper, or polymers synthesized or derived primarily from bamboo,
sugarcane, coconut husk, cassava, protein, starch, or other biomass.
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"Service
ware" means implements intended to assist in the consumption of food,
including spoons, forks, knives, and stirrers.
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"Service ware" does not include straws.
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"Single-use"
means designed to be used once and discarded and not designed for repeated use
after sanitation.
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
4.
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New statutory material is
underscored.
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SECTION
5.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
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Report Title:
Department
of Health; Solid Waste Pollution; Single-Use Plastic Service Ware; Ban
Description:
Prohibits
the sale and distribution of single-use plastic service ware by food and
beverage service businesses.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.