Environmental Health (Expanded Polystyrene Ban) Regulations (SRO No.21 of 2017)

.. SAINT VINCENT AND THE GRENADINES STATUTORY RULES AND ORDERS 2017 NO. 21 (Gazetted 27th April, 2017) 79 IN EXERCISE of the powers conferred by section 31 of the Environmental Health Services Act, Chapter 285, the Minister makes the following Regulations ENVIRONMENTAL HEALTH (EXPANDED POLYSTYRENE BAN)REGULATIONS 2017 1. (1) These Regulations may be cited as the Environmental Health Citation and (Expanded Polystyrene Ban) Regulations 2017. commencement (2) These Regulations commence on the l" day of May 2017. 2. In these Regulations "Division" has the meaning assigned to it in the Act; "environmentally friendly" in relation to containers or packaging for food means containers or packaging that cause minimal h".::11.,....,.. .. ,... .,i., ......... , - "expanded polystyrene" means blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilising a styrene monomer and processed by any number of techniques including fusion of polymer spheres ( expandable bead polystyrene), injection moulding, foam moulding and extrusion-blow moulding ( extruded foam polystyrene); • "expanded polystyrene food service products" mean containers, plates, hot and cold beverage cups, fish, seafood, meat and vegetable trays, egg cartons and other products made of Interpretation 80 Schedule Cap. 28S Objectives Prohibition on Importation etc Prohibition of use etc expanded polystyrene and used for serving, providing or selling food, the tariff headings of which are set out in the Schedule; "recyclable" in relation to containers or packaging for food means containers or packaging that can be processed and returned to the economic mainstream in the form of raw materials or products; "the Act'' means the Environmental Health Services Act. 3. The objectives of these Regulations are to (a) prohibit the importation, manufacture and sale of expanded polystyrene food service products in Saint Vincent and the Grenadines; (b) prohibit the use or provision of expanded polystyrene food service products in Saint Vincent and the Grenadines; and (c) promote and encourage the use of biodegradable, recyclable and other environmentally friendly containers or packaging for food in lieu of expanded polystyrene products. 4. (1) Subject to regulation 11 (1) and (2), a person shall not­ (a) import; (b) manufacture; or (c) sell, expanded polystyrene food service products. (2) A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for twelve months or to both. 5. Subject to regulation 1 r (3), a person shall not ­ (a) use; or (b) serve, provide or sell food in, expanded polystyrene food service products. • 81 6. (1) If the ChiefEnvironmental Health Officer is satisfied that Notice 10 comply a person is contravening regulation 5, the ChiefEnvironmental Health Officer shall serve on the person a notice requiring the person to comply with regulation 5. (2) A notice referred to in subregulation ( 1) shall specify the time within which the person must comply with the notice. 7. If a person who is served with a notice under regulation 6 fails, within the time specified in the notice, to comply with the notice the person commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for twelve months or to both. Offence for falling to comply wit h notice 8. A court which convicts a person for an offence under Order of cour t regulation 7, in addition to the penalty imposed under regulation 7, may make an order prohibiting the continuation of the contravention for which the conviction was made. 9. The Division, in keeping with the objectives of these Alternatives Regulations, shall (a) offer guidance on; and (b) promote and encourage, the use ofrecyclable, biodegradable and other environmentally friendly products as containers or packing for food in lieu of expanded polystyrene products. 10. Notwithstanding anything in these Regulations, the Minister, Exemptions may if he considers the importation, manufacture, sale or use of any goods or any class of goods prohibited by these Regulations to be in the public interest, authorise the importation, manufacture, sale or use of the goods subject to such terms and conditions as he may impose. 11. (1) Regulation 4 (1) (a) does not apply to an importation Trans It i on at shown to the satisfaction of the customs to have been ordered prior to provisions the commencement of these Regulations if the goods arrive in Saint Vincent and the Grenadines within ninety days after such commencement. \ \ I • 82 (2) Notwithstanding regulation 4 (1) (c), compliance with regulation 4 (1) ( c) is required within nine months of the commencement of these Regulations (3) Notwithstanding regulation 5, compliance with regulation 5 is required within nine months of the commencement of these Regulations. SCHEDULE (regulation 2) Customs Tariff Headings of Expanded Polystyrene Food Service Products HS 39.23.50.10 HS 39.23.S0.90 HS.39.23.90.10 HS 39.23.90.90 Made this 26th day of April 2017. Hon. Senator Robert TLV Browne Minister of Health, Wellness and the Environment. Printed by the Government Printer at the Government Printing Office, Campden Park, St. Vincent and the Grenadines. 2017 [ Price $2.40]