Section 5K-4.045 - Sale or Distribution of Polystyrene(1) Definitions. (a) "Baseline year" means the calendar year 2022.(b) "Existing Food Establishment" means a person or entity issued a food permit on or before the effective date of this rule.(c) "New Food Establishment" means a person or entity issued a food permit after the effective date of this rule. This term includes an Existing Food Establishment that is required to apply for a new food permit in accordance with rule RSA 5K-4.020<subdiv>(4)(a)</subdiv>, F.A.C.(d) "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including polystyrene foam or expanded polystyrene, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding and extrusion-blow molding (extruded foam polystyrene). The International Resin Identification Code assigned to foam polystyrene is "6." Foam polystyrene food ware may be identified by a "6" or "PS," either alone or in combination with other letters. The regulations and prohibitions relating to foam polystyrene in this rule are intended to apply regardless of the presence or absence of an International Resin Identification Code on the food ware.(2) Each Food Establishment shall file an annual report with its Food Permit Application, FDACS-14306 (Rev. 8/21) setting forth the amount of Polystyrene packaging, by unit count, that such Food Establishment sold or distributed food or beverages in during the preceding reporting period.(3) Upon the effective date of this rule, it shall be unlawful for a New Food Establishment to sell or distribute any food or beverage in Polystyrene packaging. Effective on January 1 of each year specified below, it shall be unlawful for an Existing Food Establishment to sell or distribute any food or beverage in Polystyrene packaging in an annual quantity greater than the relevant percentage specified in Table 1. The percentages in Table 1 refer to a maximum allowable production as a percentage of the quantity of the substance sold or distributed by the Food Establishment concerned during the baseline year. Table 1
Date | Polystyrene |
2022 | 100% |
2023 | 66% |
2024 | 33% |
2025 | 0% |
(4) Penalties. Violations of this rule will be evaluated and penalties imposed in accordance with Rule RSA 5K-4.035, F.A.C.Fla. Admin. Code Ann. R. 5K-4.045
Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.60, 500.90, 500.147, 500.459 FS.
Adopted by Florida Register Volume 47, Number 240, December 14, 2021 effective 12/14/2021.