Senate Bill 2071

AN ACT TO DEFINE THE TERMS "SINGLE-USE PLASTIC STRAW" AND "FOOD ESTABLISHMENT"; TO PROHIBIT A FOOD ESTABLISHMENT FROM PROVIDING A SINGLE-USE PLASTIC STRAW TO A CONSUMER UNLESS REQUESTED BY THE CONSUMER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Single-use plastic straw" means a single-use, disposable tube made predominately of plastic derived from wither petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. "Single-use plastic straw" does not include a straw made from nonplastic materials, including, but not limited to, paper, pasta, sugar cane, wood or bamboo.

(b) "Food establishment" means all sales outlets, stores, shops or other places of business located within the State of Mississippi that operate primarily to sell or convey food directly to the ultimate consumer, including any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, short order cafe, delicatessen, luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, prepared food take-out place, catering kitchen, commissary, grocery store, public food market, food stand or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided for the public for charge.

SECTION 2. (1) A food establishment shall not provide a single-use plastic straw to a consumer unless requested by the consumer.

(2) This section shall be enforced by the State Department of Health. For a first or second violation of subsection (1), the department shall issue a notice of violation to the food establishment. Any subsequent violation shall constitute an infraction punishable by a civil fine of Twenty-five Dollars ($25.00) for each day that the food establishment is in violation, but not to exceed Three Hundred Dollars ($300.00) annually. The civil fine shall be assessed and collected by the department.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.