,,ii #aaith ,,congress #ast ,session ,s4 #hig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjbe,mr4 ,van ,hollen 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,durbin1 ,mr4 ,king1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,padilla1 ,mr4 ,sanders1 ,ms4 ,warren1 ,mr4 ,welch1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit the sale and distribution of expanded polystyrene food service ware1 expanded polystyrene loose fill1 and expanded polystyrene coolers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,farewell to ,foam ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,biological product ,the term biological product has the meaning given the term in section #cea7;i7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;i774 7#c7 ,covered polystyrene foam ware ,the term covered polystyrene foam ware means-- 7,a7 an expanded polystyrene cooler2 7,b7 an expanded polystyrene food service ware2 and 7,c7 expanded polystyrene loose fill4 7#d7 ,distributor ,the term distributor means any person that distributes covered polystyrene foam ware that is sold or offered for sale in the ,united ,states4 7#e7 ,drug ,the term drug has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#f7 ,expanded polystyrene ,the term expanded polystyrene means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or combination of techniques1 including fusion of polymer spheres 7expandable bead polystyrene71 injection molding1 foam molding1 and extrusion-blow molding 7extruded foam polystyrene74 7#g7 ,expanded polystyrene cooler 7,a7 ,in general ,the term expanded polystyrene cooler means a portable container made entirely or partially of expanded polystyrene that is designed or intended to be used for cold storage4 7,b7 ,exclusion ,the term expanded polystyrene cooler excludes portable containers intended to be used for drugs1 medical devices1 or biological products4 7#h7 ,expanded polystyrene food service ware 7,a7 ,in general ,the term expanded polystyrene food service ware means a product made of expanded polystyrene that is-- 7i7 used for selling or providing food or beverages2 and 7ii7 7,i7 intended by the manufacturer to be used once for eating or drinking2 or 7,,ii7 generally recognized by the public as an item to be discarded after #a use4 7,b7 ,inclusions ,the term expanded polystyrene food service ware includes any product described in subparagraph 7,a7 consisting of a bowl1 plate1 hot or cold beverage cup1 lid1 clamshell1 tray1 carton for eggs or other food1 or any other item used for serving or containing prepared food1 including takeout food and leftovers from partially consumed meals prepared by food vendors4 7#i7 ,expanded polystyrene loose fill ,the term expanded polystyrene loose fill means a void-filling packaging product made of expanded polystyrene foam that is used as a packaging fill 7commonly referred to as packing peanuts74 7#aj7 ,food service provider ,the term food service provider means a person engaged in the business of selling or distributing prepared food or beverages for on-premise or off-premise consumption1 including any-- 7,a7 food service establishment1 caterer1 temporary food service establishment1 mobile food service establishment1 and pushcart2 7,b7 retail food store2 7,c7 delicatessen2 7,d7 grocery store2 7,e7 restaurant2 7,f7 cafeteria2 7,g7 coffee shop2 7,h7 hospital1 adult care facility1 and nursing home2 and 7,i7 elementary or secondary school1 college1 and university4 7#aa7 ,manufacturer ,the term manufacturer means any person that manufactures or imports covered polystyrene foam ware that is sold1 offered for sale1 or distributed in the ,united ,states4 7#ab7 ,medical device ,the term medical device has the meaning given the term device in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 7#ac7 ,prepared food 7,a7 ,in general ,the term prepared food means food or beverages that-- 7i7 are cooked1 chopped1 sliced1 mixed1 brewed1 frozen1 heated1 squeezed1 combined1 or otherwise prepared on the premises of a food service provider for immediate consumption2 and 7ii7 require no further preparation to be consumed4 7,b7 ,inclusion ,the term prepared food includes ready-to-eat takeout foods and beverages described in subparagraph 7,a74 7#ad7 ,retailer ,the term retailer means any person that sells1 supplies1 or offers to consumers covered polystyrene foam ware4 #c4 ,ban on expanded polystyrene food service ware1 loose fill1 and coolers 7a7 ,expanded polystyrene food service ware ,beginning on ,january #a1 #bjbh1 no food service provider1 manufacturer1 distributor1 or retailer shall sell1 offer for sale1 or distribute expanded polystyrene food service ware4 7b7 ,expanded polystyrene loose fill and expanded polystyrene coolers ,beginning on ,january #a1 #bjbh1 no manufacturer1 distributor1 or retailer shall sell1 offer for sale1 or distribute expanded polystyrene loose fill or expanded polystyrene coolers4 #d4 ,enforcement 7a7 ,written notification for first violation ,if a food service provider1 manufacturer1 distributor1 or retailer violates section #c1 the ,administrator shall provide that food service provider1 manufacturer1 distributor1 or retailer with written notification regarding the violation4 7b7 ,subsequent violations 7#a7 ,in general ,if a food service provider1 manufacturer1 distributor1 or retailer1 subsequent to receiving a written notification under subsection 7a71 violates section #c again1 the ,administrator shall impose a civil penalty on the food service provider1 manufacturer1 distributor1 or retailer in accordance with this subsection4 7#b7 ,amount of penalty ,for each violation described in paragraph 7#a71 the amount of the civil penalty under that paragraph shall be-- 7,a7 in the case of the second violation1 #bej2 7,b7 in the case of the third violation1 #ejj2 and 7,c7 in the case of the fourth1 and any subsequent1 violation1 #a1jjj4 7#c7 ,limitations 7,a7 ,food service providers2 retailers ,in the case of a food service provider or retailer the annual revenue of which is less than #a1jjj1jjj1 a penalty shall not be imposed under this subsection more than once during any #g-;day period4 7,b7 ,manufacturer2 distributors ,in the case of a manufacturer or distributor the annual revenue of which is less than #e1jjj1jjj1 a penalty shall not be imposed under this subsection more than once during any #g-;day period4 7c7 ,state enforcement ,the ,administrator may permit a ,state to carry out enforcement under this section if the ,administrator determines that the ,state meets such requirements as the ,administrator may establish4 #e4 ,regulations ,the ,administrator may promulgate such regulations as the ,administrator determines necessary to carry out this ,act4