Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3627 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. 553 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3627
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 restrict the use of polystyrene.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 553 FILED ON: 1/13/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3627
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3627) of
19	19	Marjorie C. Decker and others relative to the use of polystyrene containers and wares by certain
20	20	food and retail establishments. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2263 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 restrict the use of polystyrene.
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 Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby
32	32	2amended by inserting after section 5S the following section:-
33	33	3 Section 5T. For the purposes of this section “disposable food container” shall mean
34	34	4single-use disposable products used in the restaurant, food service, and food sales industries for
35	35	5serving, transporting, or packaging prepared, ready-to-consume, or uncooked food or beverages.
36	36	6This includes but is not limited to plates, cups, bowls, trays, hinged or lidded containers, straws,
37	37	7cup lids, and utensils. “Food establishment” shall mean an operation that stores, prepares,
38	38	8packages, serves, vends, or otherwise provides food for human consumption, including but not
39	39	9limited to any establishment requiring a permit to operate in accordance with the State Food
40	40	10Code. “Polystyrene” shall mean a synthetic resin which is a polymer of styrene, used chiefly as 2 of 3
41	41	11lightweight rigid foams and solid containers. “Prepared food” shall mean any food or beverage
42	42	12prepared for consumption on the food provider's premises, using any cooking or food preparation
43	43	13technique. This does not include any raw uncooked meat, fish or eggs unless provided for
44	44	14consumption without further food preparation. “Retail establishment” shall mean any
45	45	15commercial business facility that sells goods directly to the consumer including but not limited to
46	46	16grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores and
47	47	17vendors selling clothing, food, and personal items
48	48	18 (b) Except as provided herein, on or after August 1, 2024, food establishments shall be
49	49	19prohibited from dispensing food to customers in disposable food service containers made from
50	50	20polystyrene.
51	51	21 (c) Except as provided herein, on and after August 1, 2024, retail establishments shall be
52	52	22prohibited from selling or distributing polystyrene food service ware to customers.
53	53	23 (d) The department shall promulgate regulations for the enforcement of this section. Said
54	54	24regulations shall establish (i) fines not to exceed one thousand dollars for any single violation
55	55	25and (ii) a process for deferments, in accordance with the following:
56	56	26 (1) Upon written application to the health department of the town or city in which it
57	57	27operates, and upon showing by the food establishment that the conditions of this provision would
58	58	28cause undue hardship, the municipal health department or its designee may defer application of
59	59	29this provision for a food establishment for a one year period. An “undue hardship” shall mean a
60	60	30situation unique to the food establishment where there are no reasonable alternatives to the use of
61	61	31polystyrene disposable food service containers and compliance with this provision would cause
62	62	32significant economic hardship to that food establishment. 3 of 3
63	63	33 (2) A food establishment granted a deferment must reapply prior to the end of that period
64	64	34and demonstrate continued undue hardship, if it wishes to have the deferment extended.
65	65	35Deferments may only be granted for intervals not to exceed one year.
66	66	36 (3) The application for a deferment or extension thereof shall include all information
67	67	37necessary for the municipal health department or its designee to make its decision, including but
68	68	38not limited to, documentation showing the factual support for the claimed deferment. The
69	69	39municipal health department or its designee may require the applicant to provide such additional
70	70	40information that it reasonably deems necessary to render a decision.
71	71	41 (4) The municipal health department or its designee may approve the deferment
72	72	42application, in whole or in part, with or without conditions.