5621555 Energy and Environment, Department of - Notice of Proposed Rulemaking - Food Service Ware Infractions

DEPARTMENT OF THE ENERGY AND ENVIRONMENT

 

NOTICE OF PROPOSED 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. (2013 Repl.)); Mayor’s Order 2006-61, Section 29, dated June 14, 2006; Mayor’s Order 2015-069, dated February 4, 2015; and Mayor’s Order 2015-191, dated July 23, 2015, hereby gives notice of the intent to adopt the following amendment 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 proposed rulemaking establishes a schedule of civil infractions for violation of the District’s prohibition on expanded polystyrene food service products.

 

After careful consideration of comments, the proposed rules will be submitted to the Council of the District of Columbia for review and approval, in accordance with D.C. Official Code § 2-1801.04. The rules will become final upon Council approval, or thirty (30) days after submission if the Council has not earlier disapproved the proposed rules, and following publication of the final rules 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).

 

 

All persons desiring to comment on the proposed regulations should file comments in writing no later than thirty (30) days after the publication of this notice in the D.C. Register. Comments should identify the commenter and be clearly marked “DOEE Foam Proposed SOF Comments.” Comments may be (1) mailed or hand-delivered to DOEE, 1200 First Street NE, 5th Floor, Washington, D.C. 20001, Attention: DOEE Foam SOF Regulations, or (2) sent by e-mail to [e-mail], with the subject indicated as “DOEE Foam Proposed SOF Comments.”

 

The proposed rules are available for viewing at: http://doee.dc.gov/foam. Additionally, a copy of these proposed rules will be on file for viewing at the Martin Luther King, Jr. Library, 901 G St., NW, Washington, D.C. 20001, during normal business hours.