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HOUSE DOCKET, NO. 3015 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 794
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Dylan A. Fernandes
_________________
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 of leadership by the state of Massachusetts to reduce single use plastics.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 3015 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 794
By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 794) of
Dylan A. Fernandes and others relative to single use plastics. Environment and Natural
Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 907 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act of leadership by the state of Massachusetts to reduce single use plastics.
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. Chapter 7 of the General Laws is hereby amended by inserting after section
222O the following section:-
3 Section 22P. (a) For purposes of this section, the following terms shall have the following
4meanings, unless the context clearly requires otherwise:
5 “Beverage container”, the individual or separate bottle, can, jar, carton, or other
6receptacle, however denominated, in which a beverage is sold, and which is constructed of metal,
7glass, or plastic, or other material, or any combination of these materials. Beverage container
8does not include cups or other similar open or loosely sealed receptacles.
9 “Division”, operational services division. 2 of 10
10 “Food service facility” means an operation or business that is located in a state-owned
11facility, operating on or acting as a concessionaire on state property, or under contract to provide
12food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise
13provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria,
14commissary, restaurant, deli, store, shop, market, or mobile food unit.
15 “Food service product” means a product used for serving or transporting prepared, ready-
16to-consume food or beverages, including, but not limited to, plates, cups, beverage containers,
17bowls, trays, hinged or lidded containers, and single-use disposable items, such as straws, cup
18lids, plastic bags, plastic water or soda containers, and utensils, or single-use disposable products
19for prepackaged, sealed food that was produced by a third party off the premises of the food
20service facility.
21 “Prepared food” means a food or beverage prepared for consumption on or off a food
22service facility’s premises, using any cooking or food preparation technique. “Prepared food”
23does not include prepackaged, sealed food that is mass produced by a third party off the premises
24of the food service facility.
25 “State agency” shall include all executive offices, boards, commissions, agencies,
26departments, divisions, councils, bureaus, and offices now existing and hereafter established.
27 (b) (1) The operational services division, in consultation with the department of
28environmental protection, shall promulgate regulations to establish a process and develop criteria
29for determining the types of food service products that are reusable, recyclable, compostable or
30biodegradable in accordance with this subsection. The division may consult with local
31governments and representatives of the solid waste industry, recycling industry, and compost 3 of 10
32industry, and food service product manufacturers in determining if such products are reusable,
33recyclable, compostable or biodegradable. To the extent possible, the division may utilize
34resources and standards of the Environmental Purchasing Policy Program to establish such
35criteria and make such determinations.
36 (2) As part of the regulatory process, the division shall seek input and feedback from
37stakeholders including, but not limited to, food service product manufacturers, environmental
38and public health organizations, and food service facilities.
39 (3) The regulations promulgated pursuant to this section shall be used for determining the
40types of food service products that shall be included on the list developed by the division
41pursuant to subsection (d). The regulations shall also specify how the list shall be maintained
42and updated.
43 (4) For the purpose of determining if a type of food service product is reusable, the
44division shall consider, at a minimum, the following criteria, which shall be included in the
45regulations:
46 (A) whether the product is conventionally disposed of after a single use; and
47 (B) whether the product is sufficiently durable and washable to allow for multiple uses.
48 (5) For the purpose of determining if a type of food service product is recyclable, the
49division shall consider, at a minimum, the following criteria, which shall be included in the
50regulations:
51 (A) whether the type of food service product is eligible to be labeled as “recyclable” in
52accordance with the Environmental Purchasing Policy Program. 4 of 10
53 (B) whether the type of food service product is regularly collected, separated, and
54cleansed for recycling by recycling service providers;
55 (C) whether the type of food service product is regularly sorted and aggregated into
56defined streams for recycling processes;
57 (D) whether the type of food service product is regularly processed and reclaimed or
58recycled with commercial recycling processes;
59 (E) whether the food service product material regularly becomes feedstock that is used in
60the production of new products; and
61 (F) whether the food service product material is recycled in sufficient quantity, and is of
62sufficient quality, to maintain a market value.
63 (6) For the purpose of determining if a type of food service product is compostable, the
64division shall consider, at a minimum, all of the following criteria, which shall be included in the
65regulations:
66 (A) whether the food service product will, in a safe and timely manner, break down or
67otherwise become part of usable compost that can be composted in a public or private aerobic
68compost facility designed for and capable of processing post-consumer food waste and food-
69soiled paper;
70 (B) whether food service products made from plastic are certified to meet the ASTM
71International standard specification for compostable plastics or biodegradable plastics used as
72coatings on paper and other compostable substrates, if applicable; 5 of 10
73 (C) whether the food service product is regularly collected and accepted for processing at
74public and private compost facilities; and
75 (D) whether the type of food service product is eligible to be labeled as “compostable” in
76accordance with a the Environmental Purchasing Policy Program or a third party certification
77approved by the division.
78 Local governments, solid waste facilities, recycling facilities, and composting facilities
79shall provide information requested by the division pursuant to clauses (4) to (6), inclusive, of
80this subsection to the division.
81 (7) The division shall determine whether a single-use plastic food service product is
82biodegradable; provided, however, that this determination shall not apply to single-use
83disposable products for prepackaged, sealed food that was produced by a third-party off the
84premises of the food service facility.
85 (8) In developing said regulations, the division may take into account potential impacts
86on litter, public health and wildlife. In evaluating these impacts, the division may consider any of
87the following:
88 (A) information on the volume of food service product litter obtained from state entities
89or organizations that regularly conduct litter cleanup activities;
90 (B) litter reduction policies that would assist in state efforts to prevent ocean litter and
91protect water resources;
92 (C) whether a chemical used in the manufacture of a type of food service product has
93been listed on the toxic or hazardous substance list pursuant to section 9 of chapter 21I, 6 of 10
94designated as a toxic or hazardous substance pursuant to section 4 of chapter 111F, or otherwise
95identified by the commonwealth as a toxic or dangerous substance;
96 (D) existing scientific information available from the United States Food and Drug
97Administration and the department of public health pertaining to the specific chemical used in
98the manufacture of a type of food service product; and
99 (E) information on the impacts that improperly disposed of food service products may
100have on wildlife, as well as policy recommendations, including waste collection infrastructure
101improvements, that could be implemented at state facilities to reduce the impact on wildlife.
102 (c) The division may convene a stakeholder group to assist the division in implementing
103this section that consists of, but is not limited to, litter prevention organizations, environmental
104organizations, and trade associations representing food service product manufacturers or
105suppliers.
106 (d) (1) The division shall develop a list of approved types of food service products that
107shall be used by food service facilities and shall publish the list on its website. The division shall
108only include on the list a type of food service product that is reusable, recyclable, or
109compostable, as determined in accordance with the regulations adopted by the division pursuant
110to this section; provided, however, that single-use plastic food service products, except for
111single-use disposable products for prepackaged, sealed food that was produced by a third-party
112off the premises of the food service facility, shall not be included on the list unless they are
113determined to be biodegradable pursuant to clause (7) of subsection (c).
114 (2) The division shall regularly, but not less than once every 5 years, evaluate the list of
115approved types of food service products to determine whether the types of approved food service 7 of 10
116products are reusable, recyclable, compostable or biodegradable. After such evaluation, the
117division may amend the list to remove or add a type of food service product based on whether it
118is reusable, recyclable, compostable or biodegradable pursuant to this section and the regulations
119promulgated pursuant to this section. The division shall post any updates to the list on its
120website.
121 (3) The division may require a manufacturer that seeks to have included on the list a type
122of food service product or material to submit data for purposes of the division’s evaluation of
123whether to include the type of food service product or material on the list.
124 (4) On and after the date the list of approved types of food service products is published
125to the division website pursuant to clause (2), and except as provided in clause (5), a food service
126facility shall not dispense food or beverages using a food service product unless the type of food
127service product is on said list.
128 (5) A food service facility may use a food service product that is not on the list
129maintained and updated by the division pursuant to this subsection only under either of the
130following circumstances:
131 (A) the food service facility possessed that specific inventory of food service products
132before the date the list was published or the list was updated to remove the type of food service
133product, and the type of food service product was on the list when the food service facility took
134possession of the food service product; or
135 (B) the food service facility acquired that specific inventory of food service products
136pursuant to a contract entered into before the date the list was published or the list was updated to 8 of 10
137remove the type of food service product, and the type of food service product was on the list
138when the food service facility entered into the contract.
139 (6) No food service facility shall dispense single-use disposable bottles containing water
140or soda, or single-use plastic bags; provided that this shall not apply to plastic bags that are
141single-use disposable products for prepackaged, sealed food that was produced by a third-party
142off the premises of the food service facility
143 (e) The division may establish a process to authorize regional use of food service
144products that is consistent with the requirements and considerations of this section.
145 (f) For a contract between a food service facility and a state agency that is subject to this
146section and that is entered into, renewed, or updated after the date the list pursuant to subsection
147(d) is published, the food service facility shall ensure that the food service products subject to the
148contract are in compliance with this section.
149 (g) (1) In order to ensure compliance with this section, a food service facility shall
150provide, upon request by the division, reasonable and timely access, as determined by the
151division, to contracts, invoices, and purchase orders between the food service facility and a food
152service product manufacturer or distributor that include information demonstrating whether the
153food service product material acquired by the food service facility is in compliance with this
154section.
155 (2) A food service facility shall maintain any record related to the requirements of this
156section for a minimum of 5 years. 9 of 10
157 (3) Records or information supplied to the division pursuant to this section that are, at the
158time of submission, claimed to be trade secrets, proprietary, or confidential shall be kept
159confidential and not considered a public record if the division determines that such records or
160information, if made public, would divulge a trade secret; except to the extent necessary under
161federal law.
162 (h) (1) The operational services division and any state agency that is entering into a
163contract or agreement or amending an existing contract or agreement with a food service facility
164shall ensure that the relevant contract or agreement complies with the requirements of this
165section. No contract between a state agency and a food service facility entered into after the date
166on which the list of approved food service products is published to the division’s website
167pursuant to subsection (d) shall authorize the use of food service products not on said list, except
168as provided in clause (5) of said subsection (d).
169 (2) The operational services division shall do the following:
170 (A) publish, within 90 days of the date the list of approved types of food service products
171is published pursuant to subsection (d), the requirements imposed on a food service facility
172under this section in the division's contract user guide for foodservice supplies and equipment;
173 (B) ensure that any new, modified, or renewed agreements, contracts, or procurement
174undertaken by a food service facility as part of a contract or agreement with the operational
175services division or a state agency complies with the requirements of this section; and
176 (C) when reasonably feasible, provide a food service facility with which the division or a
177state agency has a contract or agreement with resources to identify food service product 10 of 10
178suppliers, distributors, brokers, or manufacturers that sell the types of food service products
179approved by the division pursuant to this section.
180 (i) The operational services division shall take the appropriate steps, including, but not
181limited to, revising relevant state contracting and procurement rules and procedures, in order to
182fulfill the requirements of this section.
183 (j) The division may promulgate regulations as necessary to implement this section.
184 (k) This section does not preempt the authority of a city or town to adopt and enforce
185additional food product ordinances, regulations, or policies that are more restrictive than the
186applicable standards required by this section; provided that such ordinances, regulations or
187policies shall not apply to food service facilities governed by this section.
188 SECTION 2. The operational services division, in consultation with the department of
189environmental protection, shall promulgate regulations pursuant to section 22P of chapter 7 of
190the General Laws by January 1, 2024.
191 SECTION 3. The operational services division shall publish the list of approved types of
192food service products on its website pursuant to subsection (d) of section 22P of chapter 7 of the
193General Laws within 90 days after the regulations promulgated pursuant to subsection (b) of said
194section 22P are published.