Relating to the use of single-use plastic bags, containers, and straws, providing penalties, and including effective date provisions

The bill requires each manufacturer to keep a record of all single-use carryout bags or single-use containers sold in or sold into this state and to make records available at all times for inspection by the department. The bill prohibits a food service establishment from offering, providing, distributing, or selling a single-use plastic straw to a consumer unless requested by the consumer. A food service establishment that offers, provides, distributes, or sells a single-use plastic straw in violation of the bill shall be subject to a civil penalty imposed by the department of not more than $50 for each day the food service establishment remains in violation. The food service establishment shall be subject to a civil penalty imposed by the department of $100 for each day a subsequent violation occurs. The department shall deposit civil penalties collected in the water quality protection fund. The director of the department of natural resources may issue a compliance order against a person who violates the bill. A person against whom a compliance order is issued may initiate a contested case pursuant to Code chapter 17A. Upon request of the department, the attorney general shall institute any legal proceedings necessary to obtain compliance with an order of the commission or the director, including proceedings for a temporary injunction, or prosecuting any person for a violation of an order of the environmental protection commission or the director or the provisions of the bill or rules adopted pursuant to the bill. The bill takes effect January 1, 2022.