When lawmakers return to work on February 10, an administration bill that would be on their calendar is legislation to ban polystyrene foam containers.
The bill would ban the importation of styrofoam containers suh as plates, cups, bowls, trays and hinged or liffed containers also known as clamshells.
The bill, which has been initiated by the Governor’s Coral Reef Advisory Group, would prohibit the importation, sale or distribution of polystyrene foam containers in American Samoa unless exempted.
Automatic exemptions to the ban on styrofoam containers are imported prepackaged food, trays used for raw meat, poultry, fish or frozen food, styrofoam coolers and ice chests intended for reuse and packaging materials for non food items.
Any person may seek an exemption upon demonstrating that application of the ban would cause undue hardship.
Undue hardship includes situations where there are no acceptable alternatives to packaging with polystyrene foam containers for reasons that are unique to the applicant or a situation where compliance would deprive a person of a legally protected right.
Any shipment of banned styrofoam products arriving in American Samoa after the Act goes into effect shall be held at the port of entry.
The importer shall be responsible for shipping them out of the territory within 60 days of the arrival date and payment of all associated port costs and fees.
The bill provides fines for violation of the ban.
First offense is $50 -1$00, 2nd offense $100 -$200, 3rd offense $400-$500 and subsequent offenses is $500 – $1000. All fines collected shall be deposited in the General Fund and subject to appropriation by the Fono and approval by the governor.
The bill offers a temporary excise tax reduction from the date the bill is passed and ending the day before it becomes effective for importers of acceptable alternatives to styrofoam The excise tax of 8% will be halved for such products.
In order to allow a reasonable time to transition to alternative products the bill would go into effect one year after passage by the Fono and approval by the governor.
Governor Lolo Moliga said styrofoam containers are commonly used locally for plates, cups and trays, however they contain chemicals that increases the risk of cancer which is of great concern given the widespread use of these products in the territory.
In addition it pollutes marine environments by breaking down into smaller, non biodegradable pieces that are ingested by birds and marine life.
“The health and environmental dangers associated with the use of polystyrene products necessitates action,” urged Governor Lolo.
