5904504 Energy and Environment, Department of - Notice of Final Rulemaking - Food Service Ware Infractions

DEPARTMENT OF THE ENERGY AND ENVIRONMENT

 

NOTICE OF FINAL RULEMAKING

 

Food Service Ware Infractions

 

The Director of the Department of Energy and Environment (DOEE), in accordance with the authority set forth in the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 11, 2014 (D.C. Law 20-385; D.C. Official Code §§ 8-1531 et seq. (2015 Supp.)); Mayor’s Order 2006-61, Section 29, dated June 14, 2006; and Mayor’s Order 2015-069, dated February 4, 2015, hereby gives notice of amendments to Chapter 40 (Department of the Environment (DDOE) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations (DCMR).

 

The rulemaking establishes a schedule of civil infractions for violation of the District’s prohibition on expanded polystyrene food service products.

 

The Department published a Notice of Proposed Rulemaking on August 28, 2015, at 62 DCR 11937. The Department considered comments received during the comment period but determined that no revisions were necessary. The Department is therefore adopting this rulemaking without changes.

 

Pursuant to § 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1) (2012 Repl.)), this rulemaking was submitted to the Council of the District of Columbia (Council) for a review period of thirty (30) days. The Proposed Resolution of Approval for the Notice of Final Rulemaking (PR21-0536) was introduced in the Council on January 20, 2016, and was deemed passively approved on March 4, 2016. The rules were adopted as final on November 18, 2015, and will become effective upon publication of this notice in the D.C. Register.

 

Chapter 40, DEPARTMENT OF THE ENVIRONMENT (DDOE) INFRACTIONS, of Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows:

 

A new Section 4011, FOOD SERVICE WARE INFRACTIONS, is established to read as follows:

 

4011                FOOD SERVICE WARE INFRACTIONS

 

4011.1             [RESERVED]

 

4011.2             [RESERVED]

 

4011.3             [RESERVED]

 

4011.4             Violation of the following provision shall be a Class 4 infraction:

 

(a)        21 DCMR § 2301.1 (selling or providing food or beverage in expanded polystyrene food service products).