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HOUSE DOCKET, NO. 553 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 3627
The Commonwealth of Massachusetts
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PRESENTED BY:
Marjorie C. Decker
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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 restrict the use of polystyrene.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/10/2023Michelle M. DuBois10th Plymouth1/18/2023Lindsay N. Sabadosa1st Hampshire2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023James B. EldridgeMiddlesex and Worcester3/11/2023Margaret R. Scarsdale1st Middlesex3/13/2023Jack Patrick Lewis7th Middlesex3/14/2023Natalie M. Higgins4th Worcester3/14/2023Tommy Vitolo15th Norfolk3/30/2023 1 of 3
HOUSE DOCKET, NO. 553 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 3627
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3627) of
Marjorie C. Decker and others relative to the use of polystyrene containers and wares by certain
food and retail establishments. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2263 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to restrict the use of polystyrene.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by inserting after section 5S the following section:-
3 Section 5T. For the purposes of this section “disposable food container” shall mean
4single-use disposable products used in the restaurant, food service, and food sales industries for
5serving, transporting, or packaging prepared, ready-to-consume, or uncooked food or beverages.
6This includes but is not limited to plates, cups, bowls, trays, hinged or lidded containers, straws,
7cup lids, and utensils. “Food establishment” shall mean an operation that stores, prepares,
8packages, serves, vends, or otherwise provides food for human consumption, including but not
9limited to any establishment requiring a permit to operate in accordance with the State Food
10Code. “Polystyrene” shall mean a synthetic resin which is a polymer of styrene, used chiefly as 2 of 3
11lightweight rigid foams and solid containers. “Prepared food” shall mean any food or beverage
12prepared for consumption on the food provider's premises, using any cooking or food preparation
13technique. This does not include any raw uncooked meat, fish or eggs unless provided for
14consumption without further food preparation. “Retail establishment” shall mean any
15commercial business facility that sells goods directly to the consumer including but not limited to
16grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores and
17vendors selling clothing, food, and personal items
18 (b) Except as provided herein, on or after August 1, 2024, food establishments shall be
19prohibited from dispensing food to customers in disposable food service containers made from
20polystyrene.
21 (c) Except as provided herein, on and after August 1, 2024, retail establishments shall be
22prohibited from selling or distributing polystyrene food service ware to customers.
23 (d) The department shall promulgate regulations for the enforcement of this section. Said
24regulations shall establish (i) fines not to exceed one thousand dollars for any single violation
25and (ii) a process for deferments, in accordance with the following:
26 (1) Upon written application to the health department of the town or city in which it
27operates, and upon showing by the food establishment that the conditions of this provision would
28cause undue hardship, the municipal health department or its designee may defer application of
29this provision for a food establishment for a one year period. An “undue hardship” shall mean a
30situation unique to the food establishment where there are no reasonable alternatives to the use of
31polystyrene disposable food service containers and compliance with this provision would cause
32significant economic hardship to that food establishment. 3 of 3
33 (2) A food establishment granted a deferment must reapply prior to the end of that period
34and demonstrate continued undue hardship, if it wishes to have the deferment extended.
35Deferments may only be granted for intervals not to exceed one year.
36 (3) The application for a deferment or extension thereof shall include all information
37necessary for the municipal health department or its designee to make its decision, including but
38not limited to, documentation showing the factual support for the claimed deferment. The
39municipal health department or its designee may require the applicant to provide such additional
40information that it reasonably deems necessary to render a decision.
41 (4) The municipal health department or its designee may approve the deferment
42application, in whole or in part, with or without conditions.