Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H767 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3854 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 767
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo
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 reduce single-use plastics from the environment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/20/2023Vanna Howard17th Middlesex2/3/2023Michael J. BarrettThird Middlesex2/3/2023Lindsay N. Sabadosa1st Hampshire2/13/2023Margaret R. Scarsdale1st Middlesex2/13/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/1/2023Jason M. LewisFifth Middlesex3/1/2023David Henry Argosky LeBoeuf17th Worcester3/1/2023Natalie M. Higgins4th Worcester3/1/2023Brian W. Murray10th Worcester3/8/2023 1 of 29
16	16	HOUSE DOCKET, NO. 3854 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 767
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 767) of
19	19	Michelle L. Ciccolo and others for legislation to reduce single-use plastics from the environment.
20	20	Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to reduce single-use plastics from the environment.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Prevent Plastic Grocery Bags from Entering the Environment
30	30	2 Title II of the General Laws is hereby amended by inserting after chapter 21O the
31	31	3following chapter:
32	32	4 CHAPTER 21P: PLASTIC BAG REDUCTION
33	33	5 Section 1. As used in this chapter, the following words shall have the following meanings
34	34	6unless the context clearly requires otherwise:
35	35	7 “Postconsumer recycled material”, a material that would otherwise be destined for solid
36	36	8waste disposal, having completed its intended end use and product life cycle. Postconsumer
37	37	9recycled material does not include materials and byproducts generated from, and commonly
38	38	10reused within, an original manufacturing and fabrication process. 2 of 29
39	39	11 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
40	40	12minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
41	41	13smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
42	42	14material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
43	43	15content" or other applicable amount in a visible manner on the outside of the bag.
44	44	16 “Reusable grocery bag”, a sewn bag with stitched handles that is (i) specifically designed
45	45	17and manufactured for at least 175 uses; (ii) can carry 25 pounds over a distance of 300 feet; and
46	46	18 (iii) is made of cloth or other machine-washable fabric other than polyethylene or
47	47	19polyvinyl chloride.
48	48	20 “Single-use carryout bag”, a bag made of plastic, paper, or other material that is provided
49	49	21by a Retail establishment to a customer at the point of sale and that is not a recycled paper bag or
50	50	22a reusable grocery bag. A single-use carryout bag does not include the following: (i) a paper bag
51	51	23provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled
52	52	24bag used to protect items from damaging or contaminating other purchased items placed in a
53	53	25recycled paper bag, a reusable grocery bag; (iii) a bag provided to contain an unwrapped food
54	54	26item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
55	55	27 “Retail establishment”, a store or premises in which a person is engaged in the retail
56	56	28business of selling or providing merchandise, goods, groceries, prepared take-out food and
57	57	29beverages for consumption off-premises or the servicing of an item, directly to customers at such
58	58	30store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
59	59	31convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
60	60	32farmers markets and public markets; provided, however, that a “retail establishment” shall also 3 of 29
61	61	33include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
62	62	34roadside stand used by a person from which to engage in such business directly with customers
63	63	35and business establishments without a storefront, including, but not limited to, a business
64	64	36delivering prepared foods or other food items, web-based or catalog business or delivery services
65	65	37used by a retail establishment; provided further, that a “retail establishment” shall include a non-
66	66	38profit organization, charity or religious institution that has a retail establishment and holds itself
67	67	39out to the public as engaging in retail activities that are characteristic of similar type retail
68	68	40businesses, whether or not for profit when engaging in such activity.
69	69	41 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
70	70	42may only make available for purchase at the point of sale a reusable grocery bag.
71	71	43 (b) For up to 180 days from the date of enactment, a Retail establishment may make
72	72	44available for purchase at the point of sale a single-use carryout bag, reusable grocery bag, or
73	73	45recycled paper bag.
74	74	46 (c) 180 days after the enactment of this law, a Retail establishment may make available
75	75	47for purchase a recycled paper bag, for a charge of $0.10. This shall end eighteen months after the
76	76	48enactment of this law.
77	77	49 (d) 180 days after the enactment of this law, a Retail establishment may make available
78	78	50for purchase a reusable grocery bag, for a charge of no less than $0.10.
79	79	51 (e) All moneys collected pursuant to this section shall be retained by the Retail
80	80	52establishment. 4 of 29
81	81	53 (f) The department of environmental protection shall promulgate regulations with regard
82	82	54to the enforcement of this chapter. The department of environmental protection shall establish a
83	83	55small business exemption process by which a Retail establishment may elect to be exempt from
84	84	56the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
85	85	57said exemption must provide to the department a self-audit attesting that they meet the following
86	86	58criteria:
87	87	59 (i) the owner of the Retail establishment has 3 or fewer store locations under the same
88	88	60ownership; and
89	89	61 (ii) each Retail establishment has less than 4,000 square feet of retail selling space; and
90	90	62 (iii) each Retail establishment has 15 or fewer employees employed at the store location;
91	91	63and either
92	92	64 (iv) the Retail establishment is not a food establishment as defined by 105 CMR
93	93	65590.001(C); or
94	94	66 (v) the Retail establishment provided to consumers at the point of sale less than 15,000
95	95	67carry-out bags or checkout bags in total during the previous calendar year.
96	96	68 Section 3. Any municipality with an existing ordinance, rule, regulation, or by-law
97	97	69banning or regulating single-use carryout bags, recycled paper bags, or reusable grocery bags in
98	98	70the commonwealth shall be null and void 180 days after the enactment of this law. The exclusive
99	99	71authority in regulating the labeling, distribution, sale, storage, transportation, use, and disposal of
100	100	72single-use carryout bags, recycled paper bags, and reusable grocery bags in the commonwealth
101	101	73shall be determined by this chapter. 5 of 29
102	102	74 SECTION 2. Reduce Polystyrene in the Environment
103	103	75 The General Laws are hereby amended by inserting after chapter 21P the following
104	104	76chapter:
105	105	77 Chapter 21Q.
106	106	78 Section 1. Definitions. As used in this chapter, the following words shall have the
107	107	79following meanings unless the context clearly requires otherwise:
108	108	80 “Disposable Food Service Ware” shall mean single-use or disposable products for
109	109	81heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
110	110	82food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids, hinged or
111	111	83 lidded containers, spoons, forks and knives. This includes any containers used by food
112	112	84establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
113	113	85such containers are used to serve such food or beverages. Disposable Food Service Ware also
114	114	86includes any such implements sold by Retail Establishments to consumers for personal use.
115	115	87 “Foam Polystyrene” shall mean polystyrene in the form of a foam or expanded material,
116	116	88processed by any number of techniques including, but not limited to, fusion of polymer spheres
117	117	89(expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding
118	118	90(extruded foam polystyrene).
119	119	91 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
120	120	92food or other products to third-parties for consumption and/or use on or off the premises,
121	121	93whether or not a fee is charged, but not including the service of food within a home or other
122	122	94private setting. Any facility requiring a food permit in accordance with the Massachusetts State 6 of 29
123	123	95Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
124	124	96considered a “food establishment” for purposes of this bylaw.
125	125	97 “Health Agent” shall mean the Health Agent for the city or town of the facility, or his/her
126	126	98designee.
127	127	99 “Packing Material” shall mean material used to hold, cushion, or protect items packed in
128	128	100a container for shipping transport or storage.
129	129	101 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
130	130	102chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
131	131	103“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
132	132	104raw, butchered meats, fish, seafood, and/or poultry.
133	133	105 “Polystyrene” shall mean a synthetic polymer produced by polymerization of styrene
134	134	106monomer. Polystyrene includes both “Foam Polystyrene” and “Solid Polystyrene” as defined in
135	135	107this Bylaw. The International Resin Identification Code assigned to polystyrene materials is “6”.
136	136	108Polystyrene items may be identified by a "6" or "PS," either alone or in combination with other
137	137	109letters. The regulations and prohibitions relating to polystyrene in this law are intended to apply
138	138	110regardless of the presence or absence of an International Resin Identification Code or other
139	139	111identifying marks on the item.
140	140	112 “Retail Establishment” shall mean a store or premises engaged in the retail business of
141	141	113selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
142	142	114consumption off-premises or the serving of an item directly to customers at such store or
143	143	115premises, including, but not limited to, grocery stores, department stores, pharmacies,
144	144	116convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including 7 of 29
145	145	117farmers markets and public markets; provided, however, that a “retail establishment” shall also
146	146	118include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
147	147	119roadside stand used by a person from which to engage in such business directly with customers
148	148	120and business establishments without a storefront, including, but not limited to, a business
149	149	121delivering prepared foods or other food items, web-based or catalog business or delivery services
150	150	122used by a retail establishment; provided further, that a “retail establishment” shall include a non-
151	151	123profit organization, charity or religious institution that has a retail establishment and holds itself
152	152	124out to the public as engaging in retail activities that are characteristic of similar type commercial
153	153	125retail businesses, whether or not for profit when engaging in such activity.
154	154	126 “Solid Polystyrene” shall mean polystyrene, including clear (oriented) polystyrene,
155	155	127produced in a rigid form with minimal incorporation of air or other gas. Solid polystyrene is also
156	156	128referred to as ‘rigid polystyrene’.
157	157	129 Section 2. Regulated Conduct
158	158	130 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
159	159	131Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
160	160	132made from foam polystyrene or solid polystyrene.
161	161	133 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
162	162	134Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
163	163	135made from foam polystyrene or solid polystyrene 2. meat trays, fish trays, seafood trays,
164	164	136vegetable trays, or egg cartons made in whole or in any part with foam polystyrene or solid
165	165	137polystyrene 3. distributing packing materials, including packing peanuts and shipping boxes
166	166	138made in whole or in any part with foam polystyrene that is not wholly encapsulated within a 8 of 29
167	167	139more durable material. 4. coolers, ice chests, or similar containers; pool or beach toys; and dock
168	168	140floats, mooring buoys, or anchor or navigation markers, which are made in whole or in any part
169	169	141with foam polystyrene that is not wholly encapsulated within a more durable material.
170	170	142 c. For the purposes of Section 2(b)(3), ‘distributing packing material’ does not include: 1.
171	171	143Re-using packing materials for shipping, transport, or storage within the same distribution
172	172	144system, where the packing materials are not sent to a customer or end user. 2. Receiving
173	173	145shipments within the Commonwealth that include polystyrene foam used as a packing material,
174	174	146provided that the goods were not packaged or repackaged within the Commonwealth of
175	175	147Massachusetts.
176	176	148 Section 3. Exemption
177	177	149 a) Nothing in this chapter shall prohibit individuals from using disposable food service
178	178	150ware or other items made of polystyrene purchased outside the Commonwealth of Massachusetts
179	179	151for personal use. b) Prepared food packaged outside the Commonwealth of Massachusetts is
180	180	152exempt from the provisions of this chapter, provided that it is sold or otherwise provided to the
181	181	153consumer in the same disposable food service ware in which it was originally packaged, and that
182	182	154the prepared food has not been altered or repackaged. c) The Commonwealth of Massachusetts
183	183	155Department of Environmental Protection or the Board of Health of the city or town in which the
184	184	156food or retail establishment is located may exempt a food establishment or retail establishment
185	185	157from any provision of this chapter for a period of up to six months upon written application by
186	186	158the owner or operator of that establishment. No exemption will be granted unless the Department
187	187	159of Environmental Protection or the Board of Health finds that (1) strict enforcement of the
188	188	160provision for which the exemption is sought would cause undue hardship; or (2) the food 9 of 29
189	189	161establishment or retail establishment requires additional time in order to draw down an existing
190	190	162inventory of a specific item regulated by this chapter. For purposes of this chapter, “undue
191	191	163hardship” shall mean a situation unique to a food establishment or retail establishment in which
192	192	164there are no reasonable alternatives to the use of materials prohibited by this chapter, and that
193	193	165compliance with this chapter would create significant economic hardship for the Establishment.
194	194	166 Section 4. Enforcement
195	195	167 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
196	196	168have the authority to enforce this chapter. This chapter may be enforced through any lawful
197	197	169means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
198	198	170 c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this
199	199	171chapter or enjoin violations thereof through any lawful process or combination of processes, and
200	200	172the election of one remedy by the town or city shall not preclude enforcement through any other
201	201	173lawful means.
202	202	174 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
203	203	175successive day of noncompliance will count as a separate violation.
204	204	176 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
205	205	177any provision of this chapter shall be subject to the following penalties: (i) first offense: written
206	206	178warning;(ii) second offense: $50 penalty, and (iii) third and each subsequent offense: $300
207	207	179penalty
208	208	180 Section 5. Regulations 10 of 29
209	209	181 The Board of Health may adopt and amend rules and regulations to effectuate the
210	210	182purposes of this chapter.
211	211	183 Section 6. Interaction with Other Laws
212	212	184 In the case of a conflict between the requirements of this chapter and any other federal,
213	213	185state or local law concerning the materials regulated herein, the more stringent requirements shall
214	214	186apply.
215	215	187 Section 7. Severability
216	216	188 If any provision of this chapter is declared invalid or unenforceable the other provisions
217	217	189shall not be affected thereby.
218	218	190 SECTION 3. Reduce Plastic Straws in the Environment
219	219	191 The General Laws are hereby amended by inserting after chapter 21Q the following
220	220	192chapter:
221	221	193 Chapter 21R.
222	222	194 Section 1. Definitions. As used in this chapter, the following words shall have the
223	223	195following meanings unless the context clearly requires otherwise:
224	224	196 “Disability” shall mean a physical, intellectual, or sensory impairment that substantially
225	225	197limits one or more major life activities.
226	226	198 “Disposable plastic straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or
227	227	199splash stick made predominantly from synthetic polymers and that is not a reusable straw, stirrer,
228	228	200or splash stick. A disposable plastic straw, stirrer, or splash stick shall also include items made in 11 of 29
229	229	201whole or in part from synthetic polymers that are otherwise classified as ‘compostable’,
230	230	202‘biodegradable’, ‘oxodegradable’, or ‘marine degradable’.
231	231	203 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
232	232	204food or other products to third-parties for consumption and/or use on or off the premises,
233	233	205whether or not a fee is charged, but not including the service of food within a home or other
234	234	206private setting. Any facility requiring a food permit in accordance with the Massachusetts State
235	235	207Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
236	236	208considered a “food establishment” for purposes of this bylaw.
237	237	209 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
238	238	210designee.
239	239	211 “Medical Condition” shall mean any illness, disease, or injury that requires medical
240	240	212treatment.
241	241	213 “Reusable straw, stirrer, or splash stick” shall mean a drinking straw, stirrer, or splash
242	242	214stick that is manufactured from durable materials, and is designed to be adequately and
243	243	215repeatedly cleaned and sanitized for reuse.
244	244	216 “Retail Establishment” shall mean a store or premises engaged in the retail business of
245	245	217selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
246	246	218consumption off-premises or the serving of an item, directly to customers at such store or
247	247	219premises, including, but not limited to, grocery stores, department stores, clothing stores,
248	248	220pharmacies, convenience stores, restaurants, coffee shops and seasonal and temporary
249	249	221businesses, including farmers markets and public markets; provided, however, that a “retail
250	250	222establishment” shall also include a food truck or other motor vehicle, mobile canteen, trailer, 12 of 29
251	251	223market pushcart or moveable roadside stand used by a person from which to engage in such
252	252	224business directly with customers and business establishments without a storefront, including, but
253	253	225not limited to, a business delivering prepared foods or other food items, web-based or catalog
254	254	226business or delivery services used by a retail establishment; provided further, that a “retail
255	255	227establishment” shall include a non-profit organization, charity or religious institution that has a
256	256	228retail establishment and holds itself out to the public as engaging in retail activities that are
257	257	229characteristic of similar type commercial retail businesses, whether or not for profit when
258	258	230engaging in such activity.
259	259	231 Section 2. Regulated Conduct
260	260	232 a. One year after passage of this Act, no food establishment in the Commonwealth of
261	261	233Massachusetts may provide a disposable plastic straw, stirrer, or splash stick, as such term is
262	262	234defined in this chapter, to a customer.
263	263	235 b. One year after passage of this Act, no food establishment in the Commonwealth of
264	264	236Massachusetts may provide a disposable straw, stirrer, or splash stick that is not a reusable straw,
265	265	237stirrer, or splash stick to a customer, except upon that customer’s specific request for such items
266	266	238or if the item is selected by a customer from a self-service dispenser.
267	267	239 c. One year after passage of this Act, retail establishments in the Commonwealth of
268	268	240Massachusetts are prohibited from selling or distributing disposable plastic straws, stirrers, or
269	269	241splash sticks to customers unless equivalent non-plastic or reusable straws, stirrers, or splash
270	270	242sticks are available for sale and are clearly labeled such that any customer can easily distinguish
271	271	243among the disposable plastic, disposable non-plastic, and reusable items.
272	272	244 Section 3. Exemptions 13 of 29
273	273	245 a. Nothing in this bylaw shall prohibit individuals from bringing and using their own
274	274	246personal straws, stirrers, or splash sticks of any type for personal use in a food establishment. b.
275	275	247Food establishments may provide a disposable plastic straw, stirrer, or splash stick, upon request,
276	276	248to a person in need due to a disability or medical condition. c. The Department of Environmental
277	277	249Protections or the Board of Health or health agent of the city or town in which the establishment
278	278	250is located may exempt a food establishment or retail establishment from any provision of this
279	279	251chapter for a period of up to six months upon written application by the owner or operator of that
280	280	252establishment. No exemption will be granted unless the Department or the Board of Health or
281	281	253 health agent finds that the establishment requires additional time in order to draw down
282	282	254an existing inventory of a specific item regulated by this chapter.
283	283	255 Section 4. Enforcement
284	284	256 Health Agents shall have the authority to enforce this bylaw. This bylaw may be enforced
285	285	257through any lawful means in law or in equity, including but not limited to, noncriminal
286	286	258disposition pursuant to G.L. c. 40 § 21D and Article VI of the General Bylaws. The city or town
287	287	259may enforce this chapter or enjoin violations thereof through any lawful process or combination
288	288	260of processes, and the election of one remedy by the city or town shall not preclude enforcement
289	289	261through any other lawful means.
290	290	262 Violations of this bylaw are punishable by a fine of up to $300 per violation. Each
291	291	263successive day of noncompliance will count as a separate violation.
292	292	264 If non-criminal disposition is elected, then any Food Establishment or Retail
293	293	265Establishment that violates any provision of this bylaw shall be subject to the following 14 of 29
294	294	266penalties: (i) first offense: written warning, (ii) second offense: $50 penalty, and (iii) third and
295	295	267each subsequent offense: $300 penalty.
296	296	268 Section 5. Regulations
297	297	269 The Board of Health may adopt and amend rules and regulations to effectuate the
298	298	270purposes of this chapter.
299	299	271 Section 6. Interaction with Other Laws
300	300	272 In the case of a conflict between the requirements of this chapter and any other federal,
301	301	273state or local law concerning the materials regulated herein, the more stringent requirements shall
302	302	274apply.
303	303	275 Section 7. Severability
304	304	276 If any provision of this chapter is declared invalid or unenforceable the other provisions
305	305	277shall not be affected thereby.
306	306	278 SECTION 4. To Prevent the Release of Helium Balloons into the Environment
307	307	279 Chapter 131 of the General Laws, as appearing in the 2016 official edition, is hereby
308	308	280amended by adding the following new section:
309	309	281 Section 119. The sale, distribution and release of any type of balloon, including, but not
310	310	282limited to, plastic or latex, filled with any type of lighter than air gas, both for public or private
311	311	283use, is hereby prohibited. Whoever violates any provision of this section shall be punished by a
312	312	284fine of not more than one hundred dollars. 15 of 29
313	313	285 The provisions of this section shall not apply to (i) balloons released by or on behalf of
314	314	286any agency of the commonwealth or the United States for scientific or meteorological purposes,
315	315	287or (ii) hot air balloons that are recovered after launch.
316	316	288 SECTION 5. To Prevent the Release of Nips into the Environment
317	317	289 One year after passage of this Act, the sale of alcoholic beverages in containers less than
318	318	290or equal to 100 milliliters is prohibited within the Commonwealth of Massachusetts.
319	319	291 SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment
320	320	292 Section 1. For purposes of this section, the following definition shall apply:
321	321	293 “Plastic Wipe”, a nonwoven disposable product manufactured and sold in this state or
322	322	294brought into the state for sale that is constructed from plastic resin (including, but not limited to,
323	323	295polyester and polypropylene) nonwoven sheets, including moist toilet tissue or cloth, that is
324	324	296designed, marketed to or commonly used by the general public for personal hygiene or cleaning
325	325	297purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes,
326	326	298personal care wipes and facial wipes.
327	327	299 Section 2. No retailer shall sell or distribute plastic wet wipes other than those used for
328	328	300medical applications.
329	329	301 Section 3. This law shall not affect prescription products.
330	330	302 SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
331	331	303 Section 1. (a) For purposes of this section, the following definitions shall apply: 16 of 29
332	332	304 (1) “Hosted rental” means a house, apartment, or other livable space where the person
333	333	305providing sleeping accommodations is a permanent resident who lives on the premises.
334	334	306 (2) “Lodging establishment” means an establishment that contains one or more sleeping
335	335	307room accommodations that are rented or otherwise provided to the public, including, but not
336	336	308limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental. “Lodging
337	337	309establishment” does not include a hospital, nursing home, residential retirement community,
338	338	310prison, jail, homeless shelter, boarding school, worker housing, long-term rental, or hosted
339	339	311rental.
340	340	312 (3) “Personal care product” means a product intended to be applied to or used on the
341	341	313human body in the shower, bath, or any part thereof and shall include only shampoo, hair
342	342	314conditioner, and bath soap.
343	343	315 (4) “Plastic” means any synthetic material made from organic polymers, such as
344	344	316polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and
345	345	317then set into a rigid or slightly elastic form. “Plastic” includes all materials identified with resin
346	346	318codes 1 to 7, inclusive.
347	347	319 (5) “Small plastic bottle” means a plastic bottle or container with less than a 6-ounce
348	348	320capacity that is intended to be nonreusable by the end user.
349	349	321 (b) Commencing one year from the passage of this act for lodging establishments with
350	350	322more than 50 rooms, and two years from the passage of this act for lodging establishments with
351	351	32350 rooms or less, a lodging establishment shall not provide a small plastic bottle containing a
352	352	324personal care product to a person staying in a sleeping room accommodation, in any space within
353	353	325the sleeping room accommodation, or within bathrooms shared by the public or guests. 17 of 29
354	354	326 (c) A lodging establishment is encouraged to use bulk dispensers of personal care
355	355	327products to reduce plastic waste and lower operating costs, mindful of the health and safety of a
356	356	328person.
357	357	329 (d) A lodging establishment may provide personal care products in small plastic bottles to
358	358	330a person at no cost, upon request, at a place other than a sleeping room accommodation, a space
359	359	331within the sleeping room accommodation, or within bathrooms shared by the public or guests.
360	360	332 (e) A local agency with authority to inspect sleeping accommodations in a lodging
361	361	333establishment may issue a citation for a violation of subdivision (b). Upon a first violation, the
362	362	334local Board of Health shall issue a written warning, which shall recite the violation and advise
363	363	335that subsequent violations may result in citations. Upon a second or subsequent violation, the
364	364	336local agency may impose a penalty of five hundred dollars ($500) for each day the lodging
365	365	337establishment is in violation, but not to exceed two thousand dollars ($2,000) annually.
366	366	338 (f) A lodging establishment in violation of subdivision (b) is liable for a civil penalty of
367	367	339five hundred dollars ($500) for the first violation and two thousand dollars ($2,000) for a second
368	368	340or subsequent violation.
369	369	341 (g) (1) On and after one year from the passage of this act, a city, county, or city and
370	370	342county shall not pass or enforce an ordinance, resolution, regulation, or rule relating to personal
371	371	343care products in plastic bottles provided at lodging establishments, except as provided in
372	372	344paragraph (2).
373	373	345 Section 2. A city, county, or city and county that, before the passage of this act, passed an
374	374	346ordinance, resolution, regulation, or rule relating to personal care products in plastic bottles 18 of 29
375	375	347provided at lodging establishments may enforce that ordinance, resolution, regulation, or rule, if
376	376	348it is at least as stringent as, and not in conflict with, this section.
377	377	349 SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment
378	378	350 Section 1. (a) For purposes of this section, the following definitions shall apply:
379	379	351 "Single-serve plastic container" means a container with a volume of 1 litter or less made
380	380	352in whole or in part of plastic resin codes 1 through 6 (excluding the label or cap).
381	381	353 "Bottled Water" means non-sparkling, unflavored drinking water.
382	382	354 Section 2. Restrictions
383	383	355 No retailer shall sell or distribute any bottled water in a single-serve plastic container
384	384	356other than nutritive drinks, tea, coffee, or unflavored carbonated water.
385	385	357 Section 3. Exclusions
386	386	358 Sales or distribution of drinking water in plastic bottles occurring subsequent to a
387	387	359declaration by a duly authorized Town, state or Federal official of an emergency affecting the
388	388	360availability and/or quality of drinking water to residents of the Town shall be exempt from this
389	389	361bylaw until seven days after the declaration has ended.
390	390	362 Section 4. Effective Date
391	391	363 The provisions of this law shall take effect one year after passage of this Act.
392	392	364 SECTION 9. To Prevent the Release of Black Plastic into the Environment 19 of 29
393	393	365 The General Laws are hereby amended by inserting after chapter 21R the following
394	394	366chapter:
395	395	367 Chapter 21S.
396	396	368 Section 1. Definitions. As used in this chapter, the following words shall have the
397	397	369following meanings unless the context clearly requires otherwise:
398	398	370 “Disposable Food Service Ware” shall mean single-use or disposable products for
399	399	371heating, storing, packaging, serving, consuming, or transporting prepared or ready-to-consume
400	400	372 food or beverages including, but not limited to, bowls, plates, trays, cartons, cups, lids,
401	401	373hinged or lidded containers, spoons, forks and knives. This includes any containers used by food
402	402	374establishments to heat, cook, or store food or beverages prior to serving, regardless of whether
403	403	375such containers are used to serve such food or beverages. Disposable Food Service Ware also
404	404	376includes any such implements sold by Retail Establishments to consumers for personal use.
405	405	377 “Black Plastic” shall mean any plastic with any plastic resin codes #1-#7.
406	406	378 “Food Establishment” shall mean any operation that serves, vends or otherwise provides
407	407	379food or other products to third-parties for consumption and/or use on or off the premises,
408	408	380whether or not a fee is charged, but not including the service of food within a home or other
409	409	381private setting. Any facility requiring a food permit in accordance with the Massachusetts State
410	410	382Food Code, 105 CMR 590.000, et seq. and/or regulations of the Board of Health shall be
411	411	383considered a “food establishment” for purposes of this bylaw.
412	412	384 “Health Agent” shall mean the Health Agent for the city or town of the facility or his/her
413	413	385designee. 20 of 29
414	414	386 “Prepared Food” shall mean food or beverages, which are serviced, packaged, cooked,
415	415	387chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
416	416	388“prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or
417	417	389raw, butchered meats, fish, seafood, and/or poultry.
418	418	390 “Retail Establishment” shall mean a store or premises engaged in the retail business of
419	419	391selling or providing merchandise, goods, groceries, prepared take-out food and beverages for
420	420	392consumption off-premises or the serving of an item directly to customers at such store or
421	421	393premises, including, but not limited to, grocery stores, department stores, pharmacies,
422	422	394 convenience stores, restaurants, coffee shops and seasonal and temporary businesses,
423	423	395including farmers markets and public markets; provided, however, that a “retail establishment”
424	424	396shall also include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or
425	425	397moveable roadside stand used by a person from which to engage in such business directly with
426	426	398customers and business establishments without a storefront, including, but not limited to, a
427	427	399business delivering prepared foods or other food items, web-based or catalog business or
428	428	400delivery services used by a retail establishment; provided further, that a “retail establishment”
429	429	401shall include a non-profit organization, charity or religious institution that has a retail
430	430	402establishment and holds itself out to the public as engaging in retail activities that are
431	431	403characteristic of similar type commercial retail businesses, whether or not for profit when
432	432	404engaging in such activity.
433	433	405 Section 2. Regulated Conduct 21 of 29
434	434	406 a. One year after passage of this Act, no Food Establishment in the Commonwealth of
435	435	407Massachusetts may use, sell, offer for sale, or otherwise distribute disposable food service ware
436	436	408made from black plastic.
437	437	409 b. One year after passage of this Act, no Retail Establishment in the Commonwealth of
438	438	410Massachusetts may sell, offer for sale, or otherwise distribute: 1. disposable food service ware
439	439	411made from black plastic. 2. meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
440	440	412made in whole or in any part with black plastic.
441	441	413 Section 3. Exemption
442	442	414 a) Nothing in this chapter shall prohibit individuals from using disposable food service
443	443	415ware or other items made of black plastic purchased outside the Commonwealth of
444	444	416Massachusetts for personal use. b) Prepared food packaged outside the Commonwealth of
445	445	417Massachusetts is exempt from the provisions of this chapter, provided that it is sold or otherwise
446	446	418provided to the consumer in the same disposable food service ware in which it was originally
447	447	419packaged, and that the prepared food has not been altered or repackaged. c) The Commonwealth
448	448	420of Massachusetts Department of Environmental Protection or the Board of Health of the city or
449	449	421town in which the food or retail establishment is located may exempt a food establishment or
450	450	422retail establishment from any provision of this chapter for a period of up to six months upon
451	451	423written application by the owner or operator of that establishment. No exemption will be granted
452	452	424unless the Department of Environmental Protection or the Board of Health finds that (1) strict
453	453	425enforcement of the provision for which the exemption is sought would cause undue hardship; or
454	454	426(2) the food establishment or retail establishment requires additional time in order to draw down
455	455	427an existing inventory of a specific item regulated by this chapter. For purposes of this chapter, 22 of 29
456	456	428“undue hardship” shall mean a situation unique to a food establishment or retail establishment in
457	457	429which there are no reasonable alternatives to the use of materials prohibited by this chapter, and
458	458	430that compliance with this chapter would create significant economic hardship for the
459	459	431Establishment.
460	460	432 Section 4. Enforcement
461	461	433 Health Agents of the cities and towns of the Commonwealth of Massachusetts shall also
462	462	434have the authority to enforce this chapter. This chapter may be enforced through any lawful
463	463	435means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L.
464	464	436c. 40 § 21D and Article VI of the General Bylaws. The town or city may enforce this chapter or
465	465	437enjoin violations thereof through any lawful process or combination of processes, and the
466	466	438election of one remedy by the town or city shall not preclude enforcement through any other
467	467	439lawful means.
468	468	440 Violations of this chapter are punishable by a fine of up to $300 per violation. Each
469	469	441successive day of noncompliance will count as a separate violation.
470	470	442 If non-criminal disposition is elected, then any Food or Retail Establishment that violates
471	471	443any provision of this chapter shall be subject to the following penalties:
472	472	444 First Offense: written warning
473	473	445 Second Offense: $50 penalty
474	474	446 Third and each subsequent offense: $300 penalty
475	475	447 Section 5. Regulations 23 of 29
476	476	448 The Board of Health may adopt and amend rules and regulations to effectuate the
477	477	449purposes of this chapter.
478	478	450 Section 6. Interaction with Other Laws
479	479	451 In the case of a conflict between the requirements of this chapter and any other federal,
480	480	452state or local law concerning the materials regulated herein, the more stringent requirements shall
481	481	453apply.
482	482	454 Section 7. Severability
483	483	455 If any provision of this chapter is declared invalid or unenforceable the other provisions
484	484	456shall not be affected thereby.
485	485	457 SECTION 10. To Support Our Restaurants
486	486	458 Section 1. For purposes of this chapter, the following terms have the following
487	487	459definitions:
488	488	460 (a) “Disposable”, means designed to be discarded after a single or limited number of uses
489	489	461and not designed or manufactured for long-term multiple reuse.
490	490	462 (b) “Food service ware accessories”, include food service ware such as straws, stirrers,
491	491	463cup spill plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks),
492	492	464cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food
493	493	465service ware used as part of food or beverage service or packaging. Detachable lids for beverage
494	494	466cups and food containers are not considered a food service ware accessory. 24 of 29
495	495	467 (c) “Food facility”, means an operation that stores, prepares, packages, serves, vends, or
496	496	468otherwise provides food to the public for human consumption.
497	497	469 (d) “Takeout food”, means prepared food requiring no further preparation, which is
498	498	470purchased to be consumed off a prepared food facility’s premises. Takeout food includes
499	499	471prepared food delivered by a food facility or by a third-party takeout food delivery service.
500	500	472 (e) “Takeout food delivery service”, is a service that delivers takeout food from a food
501	501	473facility to a customer for consumption off the premises. This service can be provided directly by
502	502	474the food facility or by a third party.
503	503	475 Section 2.
504	504	476 (a) No food facility shall provide any disposable food service ware accessories except:
505	505	477 1. Upon request by the consumer;
506	506	478 2. Upon acceptance by the consumer after being offered by the food facility; or
507	507	479 3. At a self-serve area and/or a dispenser.
508	508	480 (b) Food facilities shall only distribute disposable food service ware if they charge the
509	509	481customer what that food ware cost the food facility, or a dollar, whichever is greater.
510	510	482 (c) Takeout food delivery services that utilize digital ordering/point of sale platforms,
511	511	483including but not limited to the internet and smartphones, shall only offer disposable food service
512	512	484ware accessories by providing clear options for customers to affirmatively request these items
513	513	485separate from orders for food and beverages. The default option on the digital ordering/point of
514	514	486sale platforms shall be that no disposable food service ware accessories are requested. Each 25 of 29
515	515	487individual disposable food service ware accessory (e.g., each fork, knife, condiment packet,
516	516	488napkin, etc.) provided with prepared food must be specifically requested by the customer in order
517	517	489for a food facility to provide it.
518	518	490 (d) Takeout food delivery services shall only distribute disposable food service ware if
519	519	491they charge the customer what that food ware cost the food facility, or a dollar, whichever is
520	520	492greater.
521	521	493 SECTION 11. The General Laws are hereby amended by inserting after chapter 21O the
522	522	494following chapter:
523	523	495 CHAPTER 21P.
524	524	496 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
525	525	497 Section 1. Definitions. As used in this chapter, the following words shall have the
526	526	498following meanings unless the context clearly requires otherwise:
527	527	499 (a) “Beverage”, any of the following products prepared for immediate consumption and
528	528	500sold in a single-use container: beer and malt beverages; wine distilled spirit coolers; carbonated
529	529	501water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and
530	530	502‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable
531	531	503juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks,
532	532	504fermented non-alcoholic drinks;
533	533	505 (b) “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
534	534	506large part from plastic; 26 of 29
535	535	507 (c) “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other
536	536	508receptacle, however denominated, in which one liter or less of a beverage is sold, and that is
537	537	509constructed of plastic. “Beverage container” does not include a cup or other similar container
538	538	510open or loosely sealed receptacle;
539	539	511 (d) “The Department” means the Department of Environmental Protection for the
540	540	512Commonwealth of Massachusetts;
541	541	513 (e) “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
542	542	514solid that is moldable, and to which additives or other substances may have been added, with the
543	543	515exception of natural polymers that have not been chemically modified;
544	544	516 (f) “Product manufacturer” means any person, partnership, association, corporation or
545	545	517any other entity that, through its own action or through contract or control, is primarily
546	546	518responsible for causing a product to be produced that is held inside of a rigid plastic packaging
547	547	519container and sold or offered for sale in Massachusetts.
548	548	520 i. The Department shall consider the following factors in identifying a product
549	549	521manufacturer: (1) the ownership of the brand name of the product in the beverage container; (2)
550	550	522primary control or influence over the design of the product in the beverage container; (3) primary
551	551	523control or influence over the design specifications of the beverage container;
552	552	524 ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or
553	553	525affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities
554	554	526of the product manufacturer as they relate to the requirements of this Act. 27 of 29
555	555	527 (h) “Retailer” means a person who sells a beverage in a beverage container to a
556	556	528consumer;
557	557	529 (i) “Single use”, means intended for disposal after one use and used for serving or
558	558	530transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
559	559	531rotations by being returned to the producer for refill or reused for the same purpose for which it
560	560	532was conceived.
561	561	533 Section 2. Prohibition
562	562	534 (a) On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a
563	563	535single-use beverage container with a beverage cap, unless the container meets one of the
564	564	536following conditions: (i) the beverage cap is tethered to the container in a manner that prevents
565	565	537the separation of the cap from the container when the cap is removed from the container; (ii) The
566	566	538beverage cap includes an opening from which the beverage can be consumed while the cap is
567	567	539screwed onto or otherwise contiguously affixed to the container;
568	568	540 (b) Metal caps or lids with plastic seals shall not be considered to be made from plastic.
569	569	541Glass and metal beverage containers that have caps and lids made from plastic shall not be
570	570	542included in this act;
571	571	543 SECTION 12. Requirements for the Removal of Toxic Substances in Beverage
572	572	544Containers, Food Ware, and Food Ware Accessories
573	573	545 (1) Definitions: 28 of 29
574	574	546 (a) “Beverage container”, means a prepackaged container designed to hold a beverage
575	575	547that is made of any material, including glass, plastic, and metal, cartons, pouches, and aseptic
576	576	548packaging.
577	577	549 (b) “Food ware accessories”, include food serviceware such as straws, stirrers, cup spill
578	578	550plugs, cup sleeves, condiments and condiment packets, utensils (including chopsticks), cocktail
579	579	551sticks/picks, toothpicks, napkins, and other similar accessory or accompanying food service ware
580	580	552used as part of food or beverage service or packaging.
581	581	553 (c) “Food ware”. means any single use or reusable containers that food is served in or
582	582	554sold in.
583	583	555 (d) “Food packaging” means any packaging that comes into direct contact with food that
584	584	556will eventually be consumed by human beings or animals.
585	585	557 (2) Beginning two years after adoption of this bill, no person or entity may sell, offer for
586	586	558sale, or distributed into the state any beverage container, food ware accessories, food ware, or
587	587	559food packaging containing the following toxic substances:
588	588	560 (a) Ortho-phthalates, (b) Bisphenols, (c) Per- and polyfluoroalkyl substances (PFAS), (d)
589	589	561Lead and lead compounds, (e) Hexavalent chromium and compounds, (f) Cadmium and
590	590	562cadmium compounds, (g) Mercury and mercury compounds, (h) Benzophenone and its
591	591	563derivatives, (i) Halogenated flame retardants, (j) Perchlorate, (k) Formaldehyde, (l) Toluene, (m)
592	592	564Antimony and compounds, and (n) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol). 29 of 29
593	593	565 (3) Beginning two years after the Start Date, no person or entity shall sell, offer for sale,
594	594	566or distribute for use in this state any Beverage Container containing (a) polyvinyl chloride, (b)
595	595	567polystyrene, or (c) polycarbonate.
596	596	568 (4) Beginning three years after the start date, and every three years thereafter, the
597	597	569Department of Environmental Protection shall designate at least ten additional toxic substances
598	598	570or families of toxic substances that may no longer be used in Beverage Containers unless the
599	599	571Department of Environmental Protection determines there are not ten toxic substances of
600	600	572families of toxic substances that are required to be banned from use in beverage containers.
601	601	573 (5) Any producer that violates this section shall be subject to a fine for each violation not
602	602	574to exceed fifty thousand dollars per violation. For the purposes of this section, each product line
603	603	575that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state,
604	604	576including through an internet transaction violation shall be considered a violation.
605	605	577 SECTION 13. The provisions of this bill shall take effect one year after passage unless
606	606	578otherwise specified.