DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 134

AMEND Senate Substitute No. 1 for Senate Bill No. 134 on line 27 by deleting "by creating a new Chapter 30P and" after "Code" and before "by" therein.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 134 between lines 62 and 63 by inserting the following and redesignating accordingly:

“ (8) “Health-care provider” means a facility that provides long-term, acute, and outpatient health-care services under Chapter 79 of Title 29. ”.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 134 on line 69 by deleting “ or eggs. ” and by inserting in lieu thereof “ eggs, fruits, or vegetables. ”.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 134 by deleting lines 105 and 106 in their entirety and inserting in lieu thereof the following:

“ (b) This section does not apply to any of the following:

(1) Pre-packaged food.

(2) A health-care provider.

(3) A fire company.

(4) A nonprofit organization.

(c) Food establishments are encouraged not to use or sell food that is pre-packaged in polystyrene foam food service packaging. ”.

SYNOPSIS

This Amendment does all of the following:

1. Excludes containers used to transport fruits or vegetables from the definition of "polystyrene foam food service packaging".

2. Exempts all of the following from the restriction on providing ready-to-eat food in polystyrene foam food service packaging:

• Fire companies.

• Health-care providers that provide long-term, acute, and outpatient health-care services.

• Nonprofit organizations, including religious institutions.

3. Corrects a drafting error.

Author: Senator Paradee