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Massachusetts House Bill H794

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H794 Compare Versions

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22 HOUSE DOCKET, NO. 3015 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 794
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Dylan A. Fernandes
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act of leadership by the state of Massachusetts to reduce single use plastics.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket1/19/2023Mindy Domb3rd Hampshire1/23/2023Michael J. BarrettThird Middlesex2/5/2023Patrick Joseph Kearney4th Plymouth2/16/2023 1 of 10
1616 HOUSE DOCKET, NO. 3015 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 794
1818 By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 794) of
1919 Dylan A. Fernandes and others relative to single use plastics. Environment and Natural
2020 Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 907 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act of leadership by the state of Massachusetts to reduce single use plastics.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 7 of the General Laws is hereby amended by inserting after section
3232 222O the following section:-
3333 3 Section 22P. (a) For purposes of this section, the following terms shall have the following
3434 4meanings, unless the context clearly requires otherwise:
3535 5 “Beverage container”, the individual or separate bottle, can, jar, carton, or other
3636 6receptacle, however denominated, in which a beverage is sold, and which is constructed of metal,
3737 7glass, or plastic, or other material, or any combination of these materials. Beverage container
3838 8does not include cups or other similar open or loosely sealed receptacles.
3939 9 “Division”, operational services division. 2 of 10
4040 10 “Food service facility” means an operation or business that is located in a state-owned
4141 11facility, operating on or acting as a concessionaire on state property, or under contract to provide
4242 12food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise
4343 13provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria,
4444 14commissary, restaurant, deli, store, shop, market, or mobile food unit.
4545 15 “Food service product” means a product used for serving or transporting prepared, ready-
4646 16to-consume food or beverages, including, but not limited to, plates, cups, beverage containers,
4747 17bowls, trays, hinged or lidded containers, and single-use disposable items, such as straws, cup
4848 18lids, plastic bags, plastic water or soda containers, and utensils, or single-use disposable products
4949 19for prepackaged, sealed food that was produced by a third party off the premises of the food
5050 20service facility.
5151 21 “Prepared food” means a food or beverage prepared for consumption on or off a food
5252 22service facility’s premises, using any cooking or food preparation technique. “Prepared food”
5353 23does not include prepackaged, sealed food that is mass produced by a third party off the premises
5454 24of the food service facility.
5555 25 “State agency” shall include all executive offices, boards, commissions, agencies,
5656 26departments, divisions, councils, bureaus, and offices now existing and hereafter established.
5757 27 (b) (1) The operational services division, in consultation with the department of
5858 28environmental protection, shall promulgate regulations to establish a process and develop criteria
5959 29for determining the types of food service products that are reusable, recyclable, compostable or
6060 30biodegradable in accordance with this subsection. The division may consult with local
6161 31governments and representatives of the solid waste industry, recycling industry, and compost 3 of 10
6262 32industry, and food service product manufacturers in determining if such products are reusable,
6363 33recyclable, compostable or biodegradable. To the extent possible, the division may utilize
6464 34resources and standards of the Environmental Purchasing Policy Program to establish such
6565 35criteria and make such determinations.
6666 36 (2) As part of the regulatory process, the division shall seek input and feedback from
6767 37stakeholders including, but not limited to, food service product manufacturers, environmental
6868 38and public health organizations, and food service facilities.
6969 39 (3) The regulations promulgated pursuant to this section shall be used for determining the
7070 40types of food service products that shall be included on the list developed by the division
7171 41pursuant to subsection (d). The regulations shall also specify how the list shall be maintained
7272 42and updated.
7373 43 (4) For the purpose of determining if a type of food service product is reusable, the
7474 44division shall consider, at a minimum, the following criteria, which shall be included in the
7575 45regulations:
7676 46 (A) whether the product is conventionally disposed of after a single use; and
7777 47 (B) whether the product is sufficiently durable and washable to allow for multiple uses.
7878 48 (5) For the purpose of determining if a type of food service product is recyclable, the
7979 49division shall consider, at a minimum, the following criteria, which shall be included in the
8080 50regulations:
8181 51 (A) whether the type of food service product is eligible to be labeled as “recyclable” in
8282 52accordance with the Environmental Purchasing Policy Program. 4 of 10
8383 53 (B) whether the type of food service product is regularly collected, separated, and
8484 54cleansed for recycling by recycling service providers;
8585 55 (C) whether the type of food service product is regularly sorted and aggregated into
8686 56defined streams for recycling processes;
8787 57 (D) whether the type of food service product is regularly processed and reclaimed or
8888 58recycled with commercial recycling processes;
8989 59 (E) whether the food service product material regularly becomes feedstock that is used in
9090 60the production of new products; and
9191 61 (F) whether the food service product material is recycled in sufficient quantity, and is of
9292 62sufficient quality, to maintain a market value.
9393 63 (6) For the purpose of determining if a type of food service product is compostable, the
9494 64division shall consider, at a minimum, all of the following criteria, which shall be included in the
9595 65regulations:
9696 66 (A) whether the food service product will, in a safe and timely manner, break down or
9797 67otherwise become part of usable compost that can be composted in a public or private aerobic
9898 68compost facility designed for and capable of processing post-consumer food waste and food-
9999 69soiled paper;
100100 70 (B) whether food service products made from plastic are certified to meet the ASTM
101101 71International standard specification for compostable plastics or biodegradable plastics used as
102102 72coatings on paper and other compostable substrates, if applicable; 5 of 10
103103 73 (C) whether the food service product is regularly collected and accepted for processing at
104104 74public and private compost facilities; and
105105 75 (D) whether the type of food service product is eligible to be labeled as “compostable” in
106106 76accordance with a the Environmental Purchasing Policy Program or a third party certification
107107 77approved by the division.
108108 78 Local governments, solid waste facilities, recycling facilities, and composting facilities
109109 79shall provide information requested by the division pursuant to clauses (4) to (6), inclusive, of
110110 80this subsection to the division.
111111 81 (7) The division shall determine whether a single-use plastic food service product is
112112 82biodegradable; provided, however, that this determination shall not apply to single-use
113113 83disposable products for prepackaged, sealed food that was produced by a third-party off the
114114 84premises of the food service facility.
115115 85 (8) In developing said regulations, the division may take into account potential impacts
116116 86on litter, public health and wildlife. In evaluating these impacts, the division may consider any of
117117 87the following:
118118 88 (A) information on the volume of food service product litter obtained from state entities
119119 89or organizations that regularly conduct litter cleanup activities;
120120 90 (B) litter reduction policies that would assist in state efforts to prevent ocean litter and
121121 91protect water resources;
122122 92 (C) whether a chemical used in the manufacture of a type of food service product has
123123 93been listed on the toxic or hazardous substance list pursuant to section 9 of chapter 21I, 6 of 10
124124 94designated as a toxic or hazardous substance pursuant to section 4 of chapter 111F, or otherwise
125125 95identified by the commonwealth as a toxic or dangerous substance;
126126 96 (D) existing scientific information available from the United States Food and Drug
127127 97Administration and the department of public health pertaining to the specific chemical used in
128128 98the manufacture of a type of food service product; and
129129 99 (E) information on the impacts that improperly disposed of food service products may
130130 100have on wildlife, as well as policy recommendations, including waste collection infrastructure
131131 101improvements, that could be implemented at state facilities to reduce the impact on wildlife.
132132 102 (c) The division may convene a stakeholder group to assist the division in implementing
133133 103this section that consists of, but is not limited to, litter prevention organizations, environmental
134134 104organizations, and trade associations representing food service product manufacturers or
135135 105suppliers.
136136 106 (d) (1) The division shall develop a list of approved types of food service products that
137137 107shall be used by food service facilities and shall publish the list on its website. The division shall
138138 108only include on the list a type of food service product that is reusable, recyclable, or
139139 109compostable, as determined in accordance with the regulations adopted by the division pursuant
140140 110to this section; provided, however, that single-use plastic food service products, except for
141141 111single-use disposable products for prepackaged, sealed food that was produced by a third-party
142142 112off the premises of the food service facility, shall not be included on the list unless they are
143143 113determined to be biodegradable pursuant to clause (7) of subsection (c).
144144 114 (2) The division shall regularly, but not less than once every 5 years, evaluate the list of
145145 115approved types of food service products to determine whether the types of approved food service 7 of 10
146146 116products are reusable, recyclable, compostable or biodegradable. After such evaluation, the
147147 117division may amend the list to remove or add a type of food service product based on whether it
148148 118is reusable, recyclable, compostable or biodegradable pursuant to this section and the regulations
149149 119promulgated pursuant to this section. The division shall post any updates to the list on its
150150 120website.
151151 121 (3) The division may require a manufacturer that seeks to have included on the list a type
152152 122of food service product or material to submit data for purposes of the division’s evaluation of
153153 123whether to include the type of food service product or material on the list.
154154 124 (4) On and after the date the list of approved types of food service products is published
155155 125to the division website pursuant to clause (2), and except as provided in clause (5), a food service
156156 126facility shall not dispense food or beverages using a food service product unless the type of food
157157 127service product is on said list.
158158 128 (5) A food service facility may use a food service product that is not on the list
159159 129maintained and updated by the division pursuant to this subsection only under either of the
160160 130following circumstances:
161161 131 (A) the food service facility possessed that specific inventory of food service products
162162 132before the date the list was published or the list was updated to remove the type of food service
163163 133product, and the type of food service product was on the list when the food service facility took
164164 134possession of the food service product; or
165165 135 (B) the food service facility acquired that specific inventory of food service products
166166 136pursuant to a contract entered into before the date the list was published or the list was updated to 8 of 10
167167 137remove the type of food service product, and the type of food service product was on the list
168168 138when the food service facility entered into the contract.
169169 139 (6) No food service facility shall dispense single-use disposable bottles containing water
170170 140or soda, or single-use plastic bags; provided that this shall not apply to plastic bags that are
171171 141single-use disposable products for prepackaged, sealed food that was produced by a third-party
172172 142off the premises of the food service facility
173173 143 (e) The division may establish a process to authorize regional use of food service
174174 144products that is consistent with the requirements and considerations of this section.
175175 145 (f) For a contract between a food service facility and a state agency that is subject to this
176176 146section and that is entered into, renewed, or updated after the date the list pursuant to subsection
177177 147(d) is published, the food service facility shall ensure that the food service products subject to the
178178 148contract are in compliance with this section.
179179 149 (g) (1) In order to ensure compliance with this section, a food service facility shall
180180 150provide, upon request by the division, reasonable and timely access, as determined by the
181181 151division, to contracts, invoices, and purchase orders between the food service facility and a food
182182 152service product manufacturer or distributor that include information demonstrating whether the
183183 153food service product material acquired by the food service facility is in compliance with this
184184 154section.
185185 155 (2) A food service facility shall maintain any record related to the requirements of this
186186 156section for a minimum of 5 years. 9 of 10
187187 157 (3) Records or information supplied to the division pursuant to this section that are, at the
188188 158time of submission, claimed to be trade secrets, proprietary, or confidential shall be kept
189189 159confidential and not considered a public record if the division determines that such records or
190190 160information, if made public, would divulge a trade secret; except to the extent necessary under
191191 161federal law.
192192 162 (h) (1) The operational services division and any state agency that is entering into a
193193 163contract or agreement or amending an existing contract or agreement with a food service facility
194194 164shall ensure that the relevant contract or agreement complies with the requirements of this
195195 165section. No contract between a state agency and a food service facility entered into after the date
196196 166on which the list of approved food service products is published to the division’s website
197197 167pursuant to subsection (d) shall authorize the use of food service products not on said list, except
198198 168as provided in clause (5) of said subsection (d).
199199 169 (2) The operational services division shall do the following:
200200 170 (A) publish, within 90 days of the date the list of approved types of food service products
201201 171is published pursuant to subsection (d), the requirements imposed on a food service facility
202202 172under this section in the division's contract user guide for foodservice supplies and equipment;
203203 173 (B) ensure that any new, modified, or renewed agreements, contracts, or procurement
204204 174undertaken by a food service facility as part of a contract or agreement with the operational
205205 175services division or a state agency complies with the requirements of this section; and
206206 176 (C) when reasonably feasible, provide a food service facility with which the division or a
207207 177state agency has a contract or agreement with resources to identify food service product 10 of 10
208208 178suppliers, distributors, brokers, or manufacturers that sell the types of food service products
209209 179approved by the division pursuant to this section.
210210 180 (i) The operational services division shall take the appropriate steps, including, but not
211211 181limited to, revising relevant state contracting and procurement rules and procedures, in order to
212212 182fulfill the requirements of this section.
213213 183 (j) The division may promulgate regulations as necessary to implement this section.
214214 184 (k) This section does not preempt the authority of a city or town to adopt and enforce
215215 185additional food product ordinances, regulations, or policies that are more restrictive than the
216216 186applicable standards required by this section; provided that such ordinances, regulations or
217217 187policies shall not apply to food service facilities governed by this section.
218218 188 SECTION 2. The operational services division, in consultation with the department of
219219 189environmental protection, shall promulgate regulations pursuant to section 22P of chapter 7 of
220220 190the General Laws by January 1, 2024.
221221 191 SECTION 3. The operational services division shall publish the list of approved types of
222222 192food service products on its website pursuant to subsection (d) of section 22P of chapter 7 of the
223223 193General Laws within 90 days after the regulations promulgated pursuant to subsection (b) of said
224224 194section 22P are published.