Purpose

To restrict how the state buys certain disposable plastic items. The bill would prohibit state agencies from purchasing specific single-use plastic items used for serving, holding, packaging, or transporting prepared food and beverages, and it would require the state to set bid specifications that ban these items.

Key definitions

• food service ware: products used for serving, holding, packaging, or transporting prepared food and beverages, including plates, bowls, cups, lids, straws, trays, cutlery, and clamshell containers.
• single-use product: a product designed and manufactured to be used only once before disposal.
• plastic: the material of the prohibited items.
• bottles: plastic bottles whose capacity does not exceed 21 fluid ounces.

Main provisions

• The commissioner and state agencies purchasing under delegated authority must not purchase the following single-use plastic items:
  • plastic food service ware, and
  • plastic bottles with a capacity of 21 fluid ounces or less.
• The state must issue bid specifications that prohibit the purchase of these specific single-use plastic items.

Exceptions and conditions

• The prohibition does not apply if the prohibited products are unavailable.
• The prohibition does not apply in emergencies or when purchases are necessary to protect health, safety, or welfare, or to accommodate persons with disabilities.

Relationship to existing law

• The bill proposes coding a new provision into Minnesota Statutes, specifically Minnesota Statutes chapter 16C, creating a state procurement limitation on certain single-use plastic items.

Implementation and potential impacts

• State procurement processes would need to exclude these items and reflect the ban in bidding and contracting.
• Potential environmental and public-health benefits from reduced use of single-use plastic food service ware and small plastic bottles in state purchases.

Summary of practical effect

• If passed, Minnesota state agencies could not buy certain disposable plastic dining and takeaway items (food service ware and small plastic bottles, 21 oz or smaller) and would have to structure bids to exclude them, with limited exceptions for unavailability, emergencies, health/safety/welfare concerns, or disability accommodations.

Relevant Terms single-use product food service ware plastic bottles 21 fluid ounces bid specifications commissioner state agencies delegated authority procurement emergency health safety or welfare disabilities Minnesota Statutes Chapter 16C