Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2432 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2261
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to prohibit the use of polystyrene foam food containers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Michelle M. DuBois10th Plymouth2/7/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2432 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2261
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2261) of
19	19	David M. Rogers, Lindsay N. Sabadosa and Michelle M. DuBois for legislation to prohibit the
20	20	use of polystyrene foam food containers. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2391 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to prohibit the use of polystyrene foam food containers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws are hereby amended by inserting after
32	32	2Section 5S:
33	33	3 Section 5T.
34	34	4 EXTRUDED OR EXPANDED POLYSTYRENE FOAM FOOD CONTAINERS
35	35	5 Section 1. Definitions. As used in this section, the following terms have the following
36	36	6meanings, unless the context clearly indicates otherwise:
37	37	7 A. "Compostable," with regard to a material, means that the material will undergo
38	38	8degradation by biological processes during composting to yield carbon dioxide, water, inorganic
39	39	9compounds and biomass at a rate consistent with other materials that undergo degradation by 2 of 3
40	40	10biological processes and leave no visible, distinguishable or toxic residue, including no adverse
41	41	11impact on the ability of compost to support plant growth once the compost is placed in soil;
42	42	12 B. "Disposable food container" means a container, bowl, plate, tray, carton, cup, lid
43	43	13or other item designed for one-time use for prepared foods. "Disposable food container" includes
44	44	14foodware for take-out foods and leftovers from partially consumed meals prepared by food
45	45	15vendors;
46	46	16 C. “Polystyrene” means and includes expanded polystyrene which is a thermoplastic
47	47	17petrochemical material utilizing a styrene monomer and processed by any number of techniques
48	48	18including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection
49	49	19molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term
50	50	20“polystyrene” also includes clear or solid polystyrene, which is known as “oriented polystyrene”;
51	51	21 D. "Polystyrene foam” means blown polystyrene and expanded and extruded foams
52	52	22using polystyrene;
53	53	23 E. "Recyclable," with regard to a material, means that a material that would
54	54	24otherwise be disposed of or processed as waste can be recovered, separated, collected and
55	55	25reprocessed for the purpose of using the reprocessed material in the manufacture of a new
56	56	26product.
57	57	27 Section 2. Prohibition on polystyrene foam food ware. After January 1, 2024, no person
58	58	28may sell or provide in this State any food ware product composed in whole or in part of extruded
59	59	29or expanded polystyrene foam: 3 of 3
60	60	30 A. No Store or Food Distributor shall serve or sell prepared food or beverage in EPS
61	61	31foam containers and shall not package meat, eggs, bakery products, or other food in EPS foam
62	62	32containers.
63	63	33 B. No Store, Food Distributor, or Food Packager shall package meat, eggs, bakery
64	64	34products, or other food in EPS foam containers.
65	65	35 C. No Store that sells tangible personal property at retail shall sell EPS foam food or
66	66	36beverage containers.
67	67	37 D. The State shall not use EPS foam food or beverage containers at any State facility
68	68	38or State sponsored event.
69	69	39 E. No State department or facility shall purchase or acquire EPS foam food or
70	70	40beverage containers.
71	71	41 F. All parties who contract with the State shall be prohibited from using EPS foam
72	72	42food and beverage containers in State facilities or on State-funded projects within the State.
73	73	43 Section 3. Compliance. Compliance with this section shall be as follows.
74	74	44 A. All distributors engaged in the sale or distribution in the State of products covered
75	75	45under subsection 1 shall certify to the commissioner their compliance with subsection 1.
76	76	46 Section 4. Enforcement.