Pago Pago, AMERICAN SAMOA — The Senate yesterday reviewed and approved an administration bill with amendments made by the House of Representatives that would prohibit the use of polystyrene foam containers.

The Senate version of the bill was unanimously approved by the House in final reading last Saturday, when the Fono convened to make up for a missed session on the Martin Luther King public holiday, with amendments added on.

According to the bill’s preamble, polystyrene (sometimes referred to as Styrofoam) which is used “to make disposable plates, cups, bowls, trays and clamshell containers, contains a chemical used in the production process called “styrene” that has been linked to cancer, as well as reproductive and developmental disorders, by the National Research Council.

“Styrene leaches from polystyrene foam containers into food and drink, according to the Styrene Information Research Center, whose membership consists of approximately 95% of the North American styrene industry.

“Polystyrene also contains the chemical “benzene” which according to the International Agency for Research on Cancer, is a well-established cause of cancer in humans yet, the general public typically is not warmed or aware of any potential hazard from styrene and benzene that may leach from polystyrene containers into food and drink when heated.

Moreover, “polystyrene foam is a notorious pollutant of the marine environment (marine debris) that breaks down into smaller, non-biodegradable pieces that are often mistaken for food and digested by seabirds and other marine life...”

The amendments made by the House of Representatives require that prohibited Polystyrene foam product imported for commercial sale prior to the effective date of this Act, shall be sold within 6 months of the effective date of the bill. All unsold products shall be subject to confiscation and the cost of its disposal  shall be paid by the importer or shipper.

The House also amended the penalties for the violation of any provision of the Act.

• First Offense                        $300 - $500
• Second Offense                   $500 - $1,000
• Third Offense                   $1,000 - $2,000
• Subsequent Offenses       $2,000 - $5,000

Polystyrene foam products that would be exempted include imported prepackaged food, trays used for raw meat, poultry, fish, or frozen foods, polystyrene foam coolers and ice chests intended for reuse and packaging materials for non-food items.

The bill provides opportunities to forward special requests for an exemption to the American Samoa Environment Protection Agency (ASEPA) and one must demonstrate that strict application of the requirement would cause undue hardship.

It also states that in order to aid in the Territory’s transition from polystyrene foam containers to acceptable alternatives, a one-year temporary excise tax reduction will be implemented.

For a period of one year beginning on the Act’s passage date and ending the day before the Act’s effective date, acceptable alternatives to foam containers, imported for commercial use and resale purposes will be eligible for a temporary reduction of the excise tax from 8% to 4%.

The bill will be forward to the governor to be signed into law.