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HOUSE DOCKET, NO. 3306 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 770
The Commonwealth of Massachusetts
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PRESENTED BY:
Mike Connolly and David M. Rogers
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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 reducing packaging waste.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mike Connolly26th Middlesex1/20/2023David M. Rogers24th Middlesex1/20/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Brian W. Murray10th Worcester2/1/2023Michelle M. DuBois10th Plymouth2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023David Allen Robertson19th Middlesex2/8/2023Margaret R. Scarsdale1st Middlesex2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023Samantha Montaño15th Suffolk2/13/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023Natalie M. Higgins4th Worcester2/23/2023James B. EldridgeMiddlesex and Worcester3/4/2023 1 of 3
HOUSE DOCKET, NO. 3306 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 770
By Representatives Connolly of Cambridge and Rogers of Cambridge, a petition (accompanied
by bill, House, No. 770) of Mike Connolly, David M. Rogers and others for legislation to reduce
packaging waste. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 871 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act reducing packaging waste.
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. The General Laws are hereby amended by inserting after chapter 21O the
2following chapter:
3 CHAPTER 21P: The Sustainable Food Service Ware Act.
4 Section 1. Definitions
5 “Compostable” refers (i) a product comprised of wood or fiber-based substrate only; or
6(ii) bioplastic materials that meet the American Society for Testing and Materials International
7Standards D6400 or D6868, as those standards may be amended, or international equivalents.
8ASTM D6400 is the specification for plastics designed for compostability in municipal or
9industrial aerobic composting facilities. D6868 is the specification for aerobic compostability of 2 of 3
10plastics used as coatings on a compostable substrate. A bioplastic product must use a logo
11indicating the product has been certified by a recognized third-party independent verification
12body as meeting the ASTM standard specification; and displays the word "compostable," where
13possible indicating the product has been tested by a recognized third-party independent body and
14meets the ASTM standard specification. Fiber-based products or product components would
15need to be (a) free from any organic fluorine substances that a manufacturer has intentionally in
16any amount; and (b) not contain total organic fluorine at or above 100 parts per million as
17measured by an independent laboratory.
18 “Disposable food service ware” All food and beverage containers, bowls, plates, trays,
19cartons, cups, lids, straws, stirrers, forks, spoons, knives, film wrap, and other items designed for
20one-time or non-durable uses on or in which any food vendor directly places or packages
21prepared foods or which are used to consume foods. This includes, but is not limited to, service
22ware for takeout foods and leftovers from partially consumed meals prepared at food
23establishments.
24 “Food establishment” An operation that stores, prepares, packages, serves, vends, or
25otherwise provides food for human consumption. This includes without limitation restaurants
26and food trucks.
27 “Recyclable Material” that can be sorted, cleansed, and reconstituted using the local
28municipality’s regular year-round collection program for the purpose of using the altered form in
29the manufacture of a new product. Regular year-round collection means either the municipal
30curbside pickup or else a municipal transfer station in communities that do not have curbside
31pickup. All recyclable plastic material must be identified by its plastic resin code in a visible 3 of 3
32manner on the food service ware. "Recycling" does not include burning, incinerating, converting,
33or otherwise thermally destroying solid waste.
34 “Reusable Products” Those that will be used more than once in its same form by a food
35establishment. Reusable food service ware includes: tableware, flatware, food or beverage
36containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers
37that are designed to be returned to the store or distributor that provided the take-out containers.
38Reusable materials include aluminum and glass. Reusable also includes cleanable durable
39containers, packages, or trays used on-premises or returnable containers brought back to the food
40establishment.
41 Section 2. (a) Except as provided in this section on and after January 1, 2025, all retail
42food establishments will use food service ware that is compostable, recyclable, or reusable for
43any food prepared or packaged on premises.
44 (b) The Department of Environmental Protection shall promulgate regulations with
45regard to the enforcement of this chapter.