Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3193
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WELLENKAMP .
6899H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 260.283, RSMo, and to enact in lieu thereof one new section relating to
single-use plastic products.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 260.283, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 253.565, to read as follows:
253.565. 1. As used in this section, the following terms mean:
2 (1) "Compostable pr oduct", a pr oduct that meets applicable American Society
3 for T esting and Materials (ASTM) standards for industrial or home compostability;
4 (2) "Plastic bag", a bag made wholly or partly of plastic including biodegradable
5 or compostable plastic that is provi ded to a customer at the point of sale for the purpose
6 of carrying goods and that is not designed for long-term, r epeated use. "Plastic bag"
7 does not include:
8 (a) A bag pr ovided solely for the purpose of containing or pr otecting unwrapped
9 food items, including pr oduce, bulk foods, or meat;
10 (b) A bag pr ovided for prescrip tion medications; or
11 (c) A bag used for garbage, recycli ng, or pet waste that is not pro vided at the
12 point of sale;
13 (3) "Polystyr ene", a petr oleum-based plastic material, including expanded
14 polystyr ene (EPS) and extruded polystyrene (XPS) commonly known as foam or
15 styr ofoam, that is used in food servicewar e, cups, plates, bowls, clamshell containers,
16 trays, or pr otective packaging;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (4) "Retail concessionair e", an entity operating a ret ail shop, food service, or
18 r estaurant under contract with the division of state parks;
19 (5) "Single-use plastic bottled water", a sealed bottle made wholly or partly of
20 plastic that is filled with potable water and intended for one-time use and disposal
21 including bottles sold or distributed for reta il sale or at events, but excluding ref illable
22 containers designed and marketed for repeated use;
23 (6) "Single-use plastic prod uct", a pr oduct made wholly or primarily of plastic
24 that is designed and intended to be used one time befor e disposal and includes, but is not
25 limited to, plastic bottles, cups, straws, cutlery , stirr ers, clamshell food containers, and
26 other disposable servicewar e.
27 2. Beginning January 1, 2027, the division of state parks shall r equir e concession
28 contracts to give pr ocur ement pr efer ence to suppliers who pr ovide nonplastic
2 9 alternatives in lieu of single-use plastic pro ducts, prov ided that such alternatives meet
30 applicable health and safety standards.
31 3. Beginning January 1, 2028, no ret ail concessionair e operating within a state
32 park shall sell or distribute single-use plastic bags, single-use bottled water , and
33 polystyr ene beverage cups or food containers as defined in subsection 1.
34 4. This section shall not apply to:
35 (1) Single-use plastics that ar e medically necessary or requ ired for health and
36 safety such as certain medical packaging;
37 (2) Pr oducts for which no commerci ally available or comparable alternative
38 exists as documented in writing by the division of state parks; and
39 (3) Emergency response or disaster operations wher e disposable plastic prod ucts
40 ar e r equir ed for public safety .
[ 260.283 . 1. All merchants, itinerant vendors, and peddlers doing
2 business in this state shall have the option to provide customers either a paper
3 or a plastic bag for the packaging of any item or good purchased, provided
4 such purchase is of a size and manner commensurate with the use of paper and
5 plastic bags.
6 2. Notwithstanding any other provision of law , no political subdivision
7 shall impose any ban, fee, or tax upon the use of either paper or plastic bags for
8 packaging of any item or good purchased from a merchant, itinerant vendor , or
9 peddler . No political subdivision shall prohibit a consumer from using a
10 reusable bag for the packaging of any item or good purchased from a
11 merchant, itinerant vendor , or peddler . ]
✔
HB 3193 2