Chair Gabbard, Vice Chair English, and Members of the Committee on Energy and Environment:

The Hawaii Restaurant Association (HRA) provides the following comments to SB 1363 and SB 1059 that would prohibit certain businesses in the State from distributing single-use plastic checkout bags.  The HRA applauds the drafter’s inclusion of an exception for “[b]ags used to protect prepared foods or bakery goods.” 

The HRA requests further language to clarify the exception could be for “[b]ags used to protect prepared foods or bakery goods for take-out or transport.”  By adding the clause “for take-out or transport,” the intent of the bill to exempt restaurants and bakeries would be clearly set forth resulting in less confusion among the enforcing agency, merchants, and consumers.     

The HRA appreciates the intent of this bill, which is to protect the natural environment.  The HRA submits, however, that plastic bags remain by far the best choice when holding containers containing freshly cooked foods, especially hot liquids and grease for those times when food containers may leak or spill.  

In restaurants, plastic disposable bags are used not simply a matter of convenience but for consumer safety and other practical reasons including the prevention of leaks and spills of items that are often hot in temperature and sometimes greasy and aromatic.  Unlike supermarkets that sell primarily packaged foods, restaurants sell freshly cooked foods that are most often hot and contain liquids.  We noticed an exception in this bill for fresh produce, meats, and frozen items.  Similarly, food from restaurants, contain “dampness” either from gravies, sauces, or the heat that results in condensation. 

In addition, restaurants that are unable to use plastic bags will likely experience an increase in dissatisfied customers who will find gravies, sauces, and other liquids leaking.  These negative experiences will discourage potential customers from purchasing take-out food at restaurants.  In this difficult economy, consumers have already started to eat out less.  This additional burden at this inopportune time would further exacerbate the economic challenges the restaurant industry currently faces.  With over 3,500 locations directly employing over 82,000 dedicated people, restaurants form a cornerstone of Hawaii’s economy that must be kept viable.

In summary, the HRA respectfully urges the Committee to consider these comments to SB 1363 and SB 1059.

Very truly yours,

Hawaii Restaurant Association

Bryan P. Andaya / Victor Lim / Tom Jones – Government Relations co-chairs