Bill HF3620, SF3941

1.1          A bill for an act
1.2          relating to state procurement; prohibiting the purchase of single-use plastic food
1.3          service ware and bottles;proposing coding for new law in Minnesota Statutes,
1.4          chapter 16C.
1.5          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6          Section 1. [16C.0726] STATE PURCHASE OF CERTAIN SINGLE-USE PLASTIC
1.7          PRODUCTS; PROHIBITION.
1.8          (a) For the purposes of this section, the following terms have the meanings given:
1.9          (1) "food service ware" means products used for serving, holding, packaging, or
1.10       transporting prepared food and beverages, including but not limited to plates, bowls, cups,
1.11       lids, straws, trays, cutlery, and clamshell containers; and
1.12       (2) "single-use product" means a product designed and manufactured to be used only
1.13       once before disposal.
1.14       (b) The commissioner and state agencies purchasing under delegated authority must not
1.15       purchase and must issue bid specifications that prohibit the purchase of, the following
1.16       single-use products composed of plastic:
1.17       (1) food service ware; and
1.18       (2) bottles whose capacity does not exceed 21 fluid ounces.
1.19       (c) Paragraph (b) does not apply when:
1.20       (1) products that are not prohibited under paragraph (b) are unavailable;
1.21       (2) purchases are made in preparation of or in response to an emergency; or
2.1          (3) the purchase of products that are not prohibited under paragraph (b) is necessary:
2.2          (i) to protect health, safety, or welfare; or
2.3          (ii) to accommodate persons with disabilities.

2.4          EFFECTIVE DATE. This section is effective the day following final enactment and
2.5          applies to bid specifications issued on or after that date.