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